Legal Question in Criminal Law in Pennsylvania

statutory misconduct of a minor my son was 20 and didnt know the girl was 12 when he found out he change his number left her alone and her mom press charges after 9 mths and my son was in college after he came home from college he was playing basketball and they arrested him why??


Asked on 7/20/12, 5:29 pm

1 Answer from Attorneys

Justin Gearty Law Office of Justin C Gearty Jr

It is not uncommon for charges such as this to be filed months after the initial complaint. The police will generally conduct an investigation before filing the charges, which may take some time. This charge, assuming you mean he was charged with statutory sexual assualt, is a felony of the second degree. This type of felony, given that it is alleged to have been committed against a child, has a very long statute of limitations. The Commonwealth may bring a charge such as this against a defendant up and until the alleged victim turns 50 years old, so them filing the charges within 9 months is well within the permissible time limits.

As I am sure you are aware, this type of charge is very serious. It is critical that your son retain a qualified trial attorney right away. It is also important that he not give a statement to anyone, discuss the case with anyone, nor should he post any details of this case online. I would further suggest that you not post any further details about this case online as such posts can be used by the prosecution. Mistake of age is not a defense given that she was 12 years old, so he certainly doesnt want to admit online or elsewhere that he was in any relationship with her.

My firm does have experience handling sex offenses and would be happy to help your son with this if he hasn't already retained an attorney.

If he would like a free phone consultation, please feel free to contact me.

Justin C. Gearty Jr., Esquire

Email: [email protected]

Phone: 717-490-6325

Website: www.GeartyLawOffices.com

This post is for educational purposes only and does not create an attorney-client relationship.

Read more
Answered on 7/20/12, 5:42 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania