A woman called me, very upset that her son had been arrested for statutory rape. He is 21 and he had sex with a 15 year old.
The mom’s biggest gripe was that it wasn’t rape because the 15 year old is very mature for her age and consented to have sex. In addition she was mad because the 15 year old didn’t want to press charges, but her Dad called the police.
Unfortunately for my caller and her son, he is in big trouble. Minors can not have consent to sex, so consent is not a defense to statutory rape. No matter how old the 15 year old looks, how much she seems like a woman (and it’s shocking to me how old some high school girls can look these days), it doesn’t matter.
The fact that he Dad is behind this and she doesn’t want to press charges doesn’t matter either.
It’s a plain and simple case. The age difference is illegal. Period. The 21 year old would be wise to stop seeing the girl and keep his mouth shut. If he doesn’t he is at a big risk of spending many years in jail and having to register as a sex offender for the rest of his life.
Like many other cases, when you are trying to get out of a case, making a defense plan based on a loop hole or perceived loop hole isn’t the best way to do it. The best way, if you are going to commit a crime at all, is to keep your mouth shut, get a top criminal defense attorney and let them do the talking for you..........
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