Legal Question in Criminal Law in Wisconsin
Sexual Assault
My 17 year old son has been charged with 2nd degree sexual assault of a child. He had sex with his 16 year old girl friend. We have evidence that she told and signed into a dance club that she was 16. Come to find out she is only 14.
The DA won't plea bargain for anything less than a felony. Should he persue the fact she claimed to be 16?
The sex was consentual. He had no rights read to him and was held for 6 days without a phone call or even allowed to talk to his parents. Need help FAST!!
1 Answer from Attorneys
Re: Sexual Assault
Your son needs a good felony attorney immediately. Consent or misrepresentations of age by the victim are not issues for certain crimes involving sex with someone under the age of 16. These topics can, however, be important at sentencing. The fact that both parties were minors may also be important. Technically, teh victim here would also be guilty of a misdemeanor for having sex with someone between 16 and 18. Hopefully, this case is remaining is juvenile court where the impact in terms of a future record will not be as great as with adult charges. Good luck!
Related Questions & Answers
-
Suspected shoplifting I was stopped outside a store for allegedly shoplifting... Asked 1/21/05, 11:50 am in United States Wisconsin Criminal Law
-
Removal of a Witness on the Stand If the prosecution calls a witness to the stand... Asked 1/13/05, 11:57 am in United States Wisconsin Criminal Law
-
Crime vs. ordinance violation What is the difference between an ordinance violation... Asked 12/08/04, 3:47 pm in United States Wisconsin Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
