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    likemike's Avatar
    likemike Posts: 1, Reputation: 1
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    #1

    Oct 11, 2009, 08:11 PM
    Record exsongement?/statutary rape?
    I live in Florida and I am now going to be charged with statutary rape because a 15yr. Girl told me she was 18 and I am wondering how long I have to wait and what I have to do to get my record exsponged? Also what I can do to avoid getting charged? Is there any way to defend against these charges if indeed she lied and have witnesses to prove so?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 11, 2009, 08:57 PM

    If you are convicted you will have to wait at least 9 years and have no subsequent convictions to qualiy for an expungement. It's not a quick thing to get either and can take up to a year even through an attorney to accomplish.

    What can you do to avoid getting charged? Don't talk to the police for one. Get a good attorney if you can afford one.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Oct 12, 2009, 04:29 AM

    Doesn't matter if she lied...


    794.021 Ignorance or belief as to victim's age no defense.--When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.

    Get the best lawyer you can find. We're looking at a 2nd degree felony and that's 15 years and sex offender registry for life. You have bigger problems than expungement right now.,.
    copgtp's Avatar
    copgtp Posts: 5, Reputation: 1
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    #4

    Oct 12, 2009, 03:49 PM

    I have to agree with the above poster. A "B" Felony is quite a serious charge, and is something you have to take very seriously. Unfortunately ignorance to the fact that she was a minor isn't a defense in that state, so a good lawyer is key to having this taken care of the right way.

    Expungement is something that is done with less serious crimes, but you can always talk to you lawyer about your options.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Oct 12, 2009, 06:15 PM

    Also don't expect it to get explunged, at least unless the culture climate does not change.

    First you well could go to prison for 3 to 15 years, ( 5 to 10 is very common) next after you get out, you will be a registered sex offender forever.

    The 9 years to wait to even ask for it to be explunged will start when you get out of prison or off parole
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