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I know someone who is 22 years old and had sex with a 16 year old because she lied about her age.now she's saying if he doesn't be with her than she's going to get him for stagatury rape.shes going to tell her mother on him.can she do that and should he get a lawyer.he lives in Kentucky by the way
That's all out manipulation.
First thing I'd do is:
1. Get myself a voice recorder.
2. Turn it on and stick it in pocket.
3. Go over to her house and talk to her about her manipulating me so I have her confessing up to what she's really doing.
4. Save a file on your computer and a separate usb drive.
5. Get a lawyer. (or talk to one at least and see if he is willing to take your case if necessary).
6. Confront her with recording and tell her I already have a lawyer.
7. Take it from there.
Get an attorney fast, don't have sex with her again for sure.
Don't have any contact with her except for what is allowed by attorney.
Statutory rape refers to a sexual act being against state law due to the age of sexual consent, and differs between each state. I believe age of sexual consent in KY is 16. I found this law on the internet. Take it with a grain of salt, as it is off the internet. If there is another law that supercedes this one, I couldn't find it.Quote:
Originally Posted by jeremy229185
510.060 Rape in the third degree.
(1) A person is guilty of rape in the third degree when:
(a) He engages in sexual intercourse with another person who is incapable of
Consent because he is mentally retarded;
(b) Being twenty-one (21) years old or more, he engages in sexual intercourse
with another person less than sixteen (16) years old; or
(c) Being twenty-one (21) years old or more, he engages in sexual intercourse
With another person less than eighteen (18) years old and for whom he
Provides a foster family home as defined in KRS 600.020.
(2) Rape in the third degree is a Class D felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch. 282,
sec. 1, effective July 15, 2002. -- Amended 1988 Ky. Acts ch. 283, sec. 12, effective
July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975.
Legislative Research Commission Note (7/15/2002). This section was amended by
2002 Ky. Acts chs. 259 and 282, which do not appear to be in conflict and have been
Codified together.
As noted, 16 is the age of consent, so her statutory rape charge goes out the window. Yes he should get an attorney and he should file a restraining order against her. He should immediately report to the police that she has threatened him.
Quote:
Originally Posted by phil_stl
Go to the Police and report her threats.
I think if you go to her house she will be encouraged; people blurting out confessions while you have a hidden tape recorder is pure TV; you can get yourself in trouble by recording people. This never makes the Courts happy.
I would have no contact; it sounds she is looking for attention and I wouldn't feed into that.
It's illegal to have sex with a girl if they are generally under the age of 16 whether they consent to or not. However the man is not guilty if he did not know that she was under 16. The only problem is that may be difficult to prove if the man is being prosecuted as it is her word against his. That's the problem with these kind of situations as he can be charged with sexual assault if he can't prove that he was not aware of her age.
Actually it's the man's responsibility to check. So even if she lied to him he could still be prosecuted.
Yes I know he can be prosecuted... that's what I just said. If he asks her how old she is, and she says 14, but still gives him consent to have sex then this is still sexual assault as she is underage. Even if she lied about her age then he will be proven guilty until proven innocent as I said, it his her word against his.
On the other hand, all state laws are different, and they have different ages of consent for different situations. AOC is 16 in KY, therefore, no law has been broken, regardless of the fact that she lied or not. In KY, if she is 16, and it was consensual, there was no crime.
In most states there is a threshold where a child is considered a child, and has absolutely no option to consent. That is generally the age of 13 in most states.
While the age of consent varies, oftentimes if there is a greater age difference, one party being over the AOC doesn't matter. For example, even if one is 16, but the other is more than 3 yrs older it still might be illegal.
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