What is the punishment for statutory rape? 9 Answers as of March 22, 2013

My boyfriend and I slept in a car at a park because of our family issues. This happened one time. Well, my boyfriend is 21 and I'm 16. The cops caught us sleeping together at the park and now they are sending him to court for statutory rape. No one is pressing charges. What should we expect at his court? Is there a possibility that he will not go to jail? He's been on probation before for drinking alcohol with minors before he was 21. He is done with that now and did good through all his probation.

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer. He should hire an attorney and disclose all the facts and circumstances. You could go with the attorney to talk to the prosecuting attorney to see if the charges could be dismissed since you do not want to press charges.
Answer Applies to: New York
Replied: 3/22/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
This depends on the State where you live.? In Michigan 16 is the age of consent; but for having sex with someone less than that age, the punishment is prison for up to 15 years.
Answer Applies to: Michigan
Replied: 3/21/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
Your boyfriend is going to be convicted of statutory rape and may or may not get a jail sentence. He might win the trial if they have no proof of intercourse. If you told them or he admitted to the intercourse that is enough for a conviction. He will be a registered sex offender and have a very hard time getting a job for the rest of his life. If you do not know the law or just choose to ignore it you are going to have to pay the price and statutory rape is not s bad as rape, but it is a very serious crime and many young men do get a prison term, especially if they were already given probation or violated it. All you can do is to get him a good lawyer and do not try to lie to help him or you will be arrested.
Answer Applies to: New York
Replied: 3/21/2013
Connell-Savela | Jason Savela
That is not illegal based on age alone. If boyfriend is in a position of trust, like a teacher, coach or babysitter, then there is a problem. But, so long as your only concern is age difference, not a crime.
Answer Applies to: Colorado
Replied: 3/21/2013
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
Statutory Rape, called Criminal Sexual Conduct 3rd Degree in Minnesota, carries a maximum five (5) year penalty. The actual penalty received would likely be probation up to 5 years with various conditions, possibly including some local jail time. The State needs to prove that sex occurred. If you and your boyfriend refuse to acknowledge that it occurred, it will be difficult for the state to prove its case.
Answer Applies to: Minnesota
Replied: 3/21/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, he would be facing a mandatory 6 year prison term, up to 30 years maximum. Did the police submit you for a rape test? They have the burden to prove you engaged in sexual intercourse. If they cannot prove that, the charge should either be amended to a reducer, or dropped all together.
    Answer Applies to: Illinois
    Replied: 3/21/2013
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    You have the right, at 16, to provide lawful consent to sex with another person, in Michigan.? If you only slept and had no sex then you need to tell the authorities of that fact but even if you did, you still have the right to consent so either way, no crime was committed.
    Answer Applies to: Michigan
    Replied: 3/21/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Statutory Rape is a violation of California Penal Code Section 261.5. It reads as follows (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. In order to convict a person of statutory rape under California law, the state must prove at least three facts. 1. That a male and female engaged in an act of sexual intercourse, 2. That the persons involved in the act were not married to each other at the, and 3. That the alleged victim was under 18 at the time of the offense. If this is proven then the person convicted of a misdemeanor the penalty is up to a year in the county jail and/or a 1,000.00 fine. If convicted of a felony the punishment is 16 months, two years, or three years in state prison.
    Answer Applies to: California
    Replied: 3/21/2013
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Your boyfriend is in serious trouble, and he should talk to a lawyer right away. There are several possible criminal charges if they can prove that you and he had sexual contact of some sort. Most of those convictions carry lifetime sex-offender registration. Without your testimony or his admissions, the state will probably be unable to prove that you and he had sexual contact. He should consult with a lawyer and refuse to talk to the police without a lawyer helping him. You are entitled to refuse to talk to the police, as well.
    Answer Applies to: Oregon
    Replied: 3/21/2013
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