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    Leonardo0414's Avatar
    Leonardo0414 Posts: 2, Reputation: 1
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    #1

    May 17, 2012, 03:45 PM
    If a 18 yr old touches a 14yr girl but does not have sex, is it still consider rape
    I just turn 18yrs two months and I'm dating a girl that turn 15yr about a week ago. I was put in jail cause me and her messed around even though we didn't have sex. Was charged with interferience of custody and now dhr is started an investigation. Really scared cause I wouldn't like to leave her. Does anyone know what can be done to help me out. After I bonded out of jail her mom allowed us to talk and get to know each other but dhr is still going on with the case even though the mom didn't want to file any charges. What should I do? My court date is not setted up yet... any suggetion or advice please.. or anything that could help me out.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    May 17, 2012, 03:51 PM
    The best advice I can give you is to get a good attorney and stay away from that girl.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 17, 2012, 04:41 PM
    You should have learned about the law before you decided to prey on an underage child. Now you may be registered as a sex offender for the rest of your life. You NEED a good attorney for any chance to get out of this.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 17, 2012, 05:07 PM
    The title of this thread asks "if a 18 yr old touches a 14yr girl but does not have sex, is it still consider rape [?]".

    The answer would depend on a couple of details:
    • What state are you in?
    • What do you mean by "touches"? What part of her body, etc.?


    Many state statutes define various sex crimes in terms of "penetration". If that is the case in your state, digital penetration would probably count.

    And, of course, the crime of statutory rape (or whatever your state chooses to call it) often has "close in age" exceptions which may or may not get you off the hook. However there may be other crimes involved, again depending on where you are.
    Leonardo0414's Avatar
    Leonardo0414 Posts: 2, Reputation: 1
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    #5

    May 17, 2012, 07:32 PM
    Quote Originally Posted by AK lawyer View Post
    The title of this thread asks "if a 18 yr old touches a 14yr girl but does not have sex, is it still consider rape [?]".

    The answer would depend on a couple of details:
    • What state are you in?
    • What do you mean by "touches"? What part of her body, etc.?


    Many state statutes define various sex crimes in terms of "penetration". If that is the case in your state, digital penetration would probably count.

    And, of course, the crime of statutory rape (or whatever your state chooses to call it) often has "close in age" exceptions which may or may not get you off the hook. However there may be other crimes involved, again depending on where you are.
    The mom has offered to go tell them that she is allowing us to see each other... will that help any? And its in Alabama.. and lower body with finger
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 17, 2012, 07:54 PM
    NO, if the mom says she is allowing it, DHS may take the child away from her and place the child in foster care since it means she was allowing the crimes to happen.

    And it does not stop your being changed. It means that she is just a bad mother.

    If you touched her breasts or other "private" parts even though clothing ( and it is a lot worst if it was under or with out clothing) you can be charged with molesting a child ( a very serious felony) If you placed your finger inside of her, that can be another charge, even more serious. If she did oral sex on you, that will be about the same punishment as sex.

    Interference with Custody is just a minor crime to hold you to start the investigation. You can only get a year or two in prison for that.

    You need an attorney and not have any contact with this child. They are looking into this and if they do, they will try to put you in prison for 10 plus years. And if you "touched" her they can do it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    May 17, 2012, 07:58 PM
    Just say the last post, you basically put your finger inside of her. That will get you 5 to 7 years and you will end up serving 3 to 5. Don't expect them to even consider probation.
    They may even try for more, and most likely get it, if you don't plea bargain out of it.

    Mom can not allow or give permission, this will only cause her to be seen as unfit for allowing something like this.

    You need the best lawyer you ever saw, get the check book out, you need to stay away, since if you are still seeing her, they can come up with new charges. And most likely if you check your bail, she is the victim and you are the suspect, if you have contact with her, that can risk your bond.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    May 18, 2012, 03:18 AM
    Quote Originally Posted by Leonardo0414 View Post
    The mom has offered to go tell them that she is allowing us to see each other... will that help any? and its in alabama.. and lower body with finger
    It might help, especially with the "interference of custody" charge, but I doubt it. Frankly I think its irresponsible of the mother to allow someone she knows took advantage of her daughter to continue to see her daughter. And the courts will probably also see it that way

    Quote Originally Posted by Leonardo0414 View Post
    I was put in jail cause me and her messed around even though we didnt have sex.
    You may not have had sexual INTERCOURSE, but you engaged in sexual activity. Didn't you ever hear the term "jail bait"?

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