Legal Question in Criminal Law in California

Child Molestation consent

My friend was involved in a sexual molestation case. A girl that i knew was seeking to have sex with him. She would go to his house occasionaly and have sex with him. She liked to part y adn would have sex with other people i know. Well while she was having sex with my friend she got pregnant. Her parents were unaware of her sexual promiscutiy and took him to court for child molestation. This girl never showed in court and they still enacted him to 4 years. It has been six years since this occured and the girl has no remorse but tries to talk to my friend even though she knows she shouldn't. Is there anyway that my friend could get tried again and have the label on his record of C.M taken off?


Asked on 4/23/07, 7:48 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Child Molestation consent

No. He had his one opportunity at trial.

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Answered on 4/23/07, 8:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Child Molestation consent

Why? Nothing you wrote suggests that your friend is innocent or that he had an unfair trial.

The fact that the key witness didn't testify might have made the D.A.'s job harder, but if there was enough other evidence your friend could be convicted without her testimony.

The legal term "age of consent" means what it says -- people below that age cannot legally consent to sex. Your claim that the young woman consented to and even initiated the sexual relationship is thus irrelevant. Adults are supposed to be able to say no in situations like that.

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Answered on 4/23/07, 9:01 pm


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