Legal Question in Civil Litigation in Kansas

I have been charged with conspiracy to commit indecent liberties. The story is that a person lied to me about his age to entice me into a sexual act. This is documentd by internet messages we sent back and forth. I asked his age and he told me 17. Ok, jump a month forward. This persons mother happened to stumble upon the messages we sent and called the police. It seems he was only 15. I honestly thought he was of age. I have lost my career, cannnot find a job here because I have a felony now, my son has gone from being a straight a student to failing classes and has been to the psych unit of our hospital twice now because of the negative fallout over what I did. We live in a very small town and theres no escaping it. my question is, do I have grounds to sue the family because their son lied about his age and caused my whole world to come crashing down? It has gotten back to me also that this person was bragging about what happened between he and myself, which was just me giving him oral sex one time. I think that my life has been ruined way more than his. I also think he should be held responsible for what he did, and maybe it would be a warning to other boys out there lying there pants off to get with an "older" woman. I dont think they understand the consequences of what they are doing. So, could I sue for personal pain and suffering?


Asked on 11/22/09, 4:14 pm

1 Answer from Attorneys
Anthony Smith LawSmith

If the parents particiapted in the defrauding you and enticing you to perform asexula act upon their Son, you might be able to sue. It is likely that you would only win $1, as an exemplory judgment. If the parents did not know and especially if they did not participate, you probalby could not bring a suit that would not warrant a much larger countersuit. You probably have suffered through all of this. But, when it comes to setting examples to deter future bad activity, the courts focus on deterring the adult. If he was yound enough that you had to ask his age, most civil courts might find that you had an inkling that he might not be old enough to consent to sexual activity. Since you have no job ties to your current locale, you might considering moving to a new area for your Son's sake.

Good luck

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Answered on 12/06/09, 7:03 pm


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