What should I do if my son is accused of rape? 14 Answers as of August 14, 2013

My son is being accused of rape. He did admit that he slept with her but what happened was not a rape since the girl started it. He was 16 and the girl is 15. My son wants both of them to take a lie detector test. What should I do?

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Well in Michigan 16 is the age of consent. This means even if she came on to him, it still is a crime. You should get him a lawyer.
Answer Applies to: Michigan
Replied: 8/14/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Having consensual sexual intercourse with a person under eighteen is statutory rape. Because both your son and the girl are under eighteen, both are guilty of statutory rape. If he charged with forcible rape, the girl needs to have proof that force or fear was used to conduct the rape. In most rapes, the rape is reported soon after and a rape kit and medical exam is performed. Without this or physical injuries it is difficult to prove rape on a he said she said incident. Do not have him take a lie detector test, as they are unreliable.
Answer Applies to: California
Replied: 8/14/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The girl cannot be made to take a lie detector. The results of the lie detector typically cannot be admitted unless both the prosecutor and defense agree to the results before knowing the results, a risky proposition for your son. Your son as serious charges.
Answer Applies to: Georgia
Replied: 8/14/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You have to get your son an Attorney. The fact the person was 15 is a valid defense against consent.
Answer Applies to: Nebraska
Replied: 8/14/2013
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Don't mess with this case on your own. The charges/allegations are serious.
Answer Applies to: Washington
Replied: 8/14/2013
    Law Offices of Ezra N. Goldman
    Law Offices of Ezra N. Goldman | Ezra Goldman
    1. Don't let him make any statement, to the police or otherwise. 2. Hire a lawyer immediately. 3. Give up on the "she started it" notion. That is not a defense of any sort to rape.
    Answer Applies to: Michigan
    Replied: 8/14/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Hire an experienced criminal defense lawyer who can arrange a private polygraph.
    Answer Applies to: Virginia
    Replied: 8/14/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    At this time there is not much to do. The police might do an investigation to determine what happened. If your son decides to speak with the police, his statements will be used to help with the investigation and could be used against him in Court. If an arrest is made, and he cannot afford an attorney, one will be appointed for him and he will have an opportunity to discuss the defenses and strategy. Good luck.
    Answer Applies to: Nevada
    Replied: 8/14/2013
    Law Office of Marissa L. Vandersluys | Marissa Vandersluys
    If charges have been filed against your son, you should look into hiring an attorney.
    Answer Applies to: California
    Replied: 8/14/2013
    Law Office of Andrew Gable | Andrew Gable
    You should contact a lawyer before posting anything else about the case.
    Answer Applies to: Illinois
    Replied: 8/14/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    Persons under 16 are legally incapable of "starting it." Your son is eligible for the "Romeo and Juliet" provision in the Sexual Conduct Act. Ask your son's court appointed lawyer about it.
    Answer Applies to: Michigan
    Replied: 8/14/2013
    Gates' Law, PLLC | Thomas E. Gates
    A lie detector result is not admissible in court. She was under age and your son is in deep trouble. You need to retain an attorney for him.
    Answer Applies to: Washington
    Replied: 8/14/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Get an attorney and have your son do a private lie detector test first and see if he passes. If so present the results to the prosecutor and then ask that the alleged victim be given a lie detector test.
    Answer Applies to: Nevada
    Replied: 8/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    In Michigan sexual intercourse with a child under the age of 16 is statutory rape. It is raped due to the fact that the child under 16 is not able to give consent to the activity. Your son will need an attorney.
    Answer Applies to: Michigan
    Replied: 8/14/2013
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