Unknowingly Having Sex with a Minor: Criminal Issues

If you have been charged with the crime of having sex with a minor and you were unaware of the minor's age at the time, it is imperative that you immediately seek the the advice of an attorney in your area. While most statutes state that a person commits sexual abuse with a minor by "intentionally or knowingly engaging in sexual conduct with that person," what if you truly could not have reasonably known the real age of that person? What if they told you they were twenty-one--and looked it--but you find out now they were only sixteen or seventeen? 

Fallout After the Charges

As you probably know, sex offenses, most especially those involving children under eighteen years of age, bring more outrage and condemnation from the public, including friends and family, than almost any other crime. While statutory rape charges depend on the age of the participants, even when consent was freely given the law states that those under the legal age of consent are legally unable to consent. While sixteen is the most common age of consent, it is as low as fourteen in some states and eighteen in others.

Some states will consider the ages of the two participants along with the age of the minor, others may not. Your alleged victim may have brought charges against you, perhaps out of remorse for what was a mutually agreed upon act, or may be angry with you and is now bringing charges in retaliation. Parents of the alleged victim may also bring charges, and often the state brings charges even when the underage person and his or her parents protest. You need a top notch investigative team on your side to uncover the true motives of your accuser and to set up a defense that won't leave you spending years in prison. 

Protect Yourself 

The punishment for statutory rape can be very severe--never forget that you face the prospect of a lengthy prison sentence, not to mention a lifetime of monitoring and registration. No matter what you are told by anyone (other than your attorney), you cannot afford to plead guilty to such a serious crime even if you have been told that if you plead guilty you will receive far less prison time than if you are convicted.  Of course this thought would bring fear and confusion, but don't let it lead you to consider pleading guilty to a crime you are not guilty of. Hire an attorney experienced in sexual crimes and don't let yourself be pressured into admitting something that will change your life forever.