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    Roxy94's Avatar
    Roxy94 Posts: 1, Reputation: 1
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    #1

    Oct 5, 2011, 02:31 PM
    Statutory rape
    If a person under the age of consent lies about their age to an adult, saying they are older than they are, can the adult still be charged? Also what is the time limit to charge someone of statutory rape from when the sex happened?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 5, 2011, 02:39 PM
    Yes, because an underage child cannot legally consent to sex. So, it adult is responsible.

    Statute of limitations for prosecuting statutory rape vary by area (ANY question on law needs to include your general locale as laws vary by area.)
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Oct 5, 2011, 09:13 PM
    Even if the child lies about their age, it still is statutory rape and the adult can be charged.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 5, 2011, 09:20 PM
    Lying does not matter, they can be and will be charged. The lie may help in sentencing to give them less number of years in prison.

    The amount of time for the SOL will vary by location, but can be many years.
    lahlah143's Avatar
    lahlah143 Posts: 30, Reputation: 2
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    #5

    Oct 12, 2011, 12:51 PM
    Yes they can. If the parents decide to press charges against the adult, if the child is under 18 years of age, the decion making is completely up the parents, retgardless whether the child lied about age or not.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 12, 2011, 01:43 PM
    Quote Originally Posted by lahlah143 View Post
    yes they can. if the parents decide to press charges against the adult, if the child is under 18 years of age, the decion making is completly up the the parents, retgardless whether the child lied about age or not.

    What decision is up to the parents? The Police actually take the report and then the decision of how to prosecute is made. The parents don't decide what the charges should be.
    lahlah143's Avatar
    lahlah143 Posts: 30, Reputation: 2
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    #7

    Oct 12, 2011, 01:47 PM
    The decision the parents make is whether they are going to take it to the police, or just let their child date an older person, and be involved in sexual contact.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Oct 12, 2011, 01:55 PM
    Quote Originally Posted by lahlah143 View Post
    the decision the parents make is whether they are going to take it to the police, or just let their child date an older person, and be involved in sexual contact.
    Please stop posting completely incorrect legal information.

    A minor's parents don't have any more capacity than the minor to consent to under-age sex. It's still statutory rape.
    lahlah143's Avatar
    lahlah143 Posts: 30, Reputation: 2
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    #9

    Oct 12, 2011, 01:56 PM
    What I am saying is if the parents don't see a problem with it, then it would never go to the police to begin with so it is up to the parents. So it is not incorrect information.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Oct 12, 2011, 02:17 PM
    Quote Originally Posted by lahlah143 View Post
    what i am saying is if the parents dont see a problem with it, then it would never go to the police to begin with so it is up to the parents. so it is not incorrect information.
    If anyone, the child, the parents, a teacher, or a stranger becomes aware that an adult is having sex with the minor, and reports it, the police will investigate. If they determine that a crime has been committed, the state can prosecute.

    And if the parents ignored or consented to what was going on, they may very well be charged with a crime as well.

    You were clearly implying that whether the minor has sex with the adult is "up to the parents". In do doing, you were dead wrong.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #11

    Oct 12, 2011, 02:20 PM
    Quote Originally Posted by lahlah143 View Post
    what i am saying is if the parents dont see a problem with it, then it would never go to the police to begin with so it is up to the parents. so it is not incorrect information.

    But again, a family friend, a jealous boy or girlfriend, the family doctor or anyone can turn this in to the police, it is not a choice that the girl or the family can make. Also even a year or more after they break up, as long as it is in the SOL the family can change their minds and report it.

    Again, please do not post things with opinions and relationship answers, in the legal boards we require a much higher level of standards for legal answers.

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