Law Scenario. lets see how smart you law guys are. Say hypothetically there was a beer party. and there is an underage girl drinking there. The next morning the parents are pressing charges for contributing to the delinquency of a minor and want thier daughter checked for signs of sexual contact.
There were 4 men in the house at the time of the crime. The cops take the girl to a hospital and do a rape kit and examination. If the hospital finds proof of sexual contact would the four men be held that day for questioning? and possible arrest?
Answer:
Not unless the kid says she was assaulted and identifies the assailant.
Now, if they find semen in her vagina; they'll press the "men" for a voluntary dna sample. If they're smart they'll all refuse. But they're never that smart. The one's who didn't do anything (or at least didn't ejaculate or wore a rubber) will agree %26 that'll give the DA enough for a warrant to take the DNA from the refusnik. Sooner or later anyone who left a trace inside of her will be seen surrendering on the evening news.
You really should avoid going to parties where little girls are drinking. You can get yourself into trouble that way.
If the men are adults and the girl is a minor - probably. At the least, they're guilty of contributing to the delinquency of a minor. Possibly child endangerment. If there was sexual contact, it's rape - even if she said yes.
it would depend on whether by underage you mean under 21 or under 18. if under 18 then yes you would probably be held for questioning and possible arrest. if she is 18 or older then she would have to claim that she was raped to have any criminal charges brought up against you.
I don't know. Were you?
With the law it all depends on the Officer's, The Prosecuting attorney, and the person - victim and in this case the parents since your talking about an underage person.
If she was under 18, then the police would have probably cause to hold the men for questioning if there was any evidence of sexual contact on the girl. It does not matter if the girl looked 18, or lied about her age, if anyone over 18 has sex with someone under 18, it is statutory rape. The police could question each man to determine who was at fault.
Need more info. It depends on 1) the age of the men, 2) the age of the girl (16 or 17 is the age of consent for sex in most US states), 3) if the girl is old enough to consent, whether or not she is crying rape herself or admitting to consent, and 4) what state it happened in.
Contributing to the delinquency of a minor for drinking is one thing, the sex is another, based on the laws of the state this would have happened in as far age of consent and whether she consented. Some states even have provisions in their statutes they say a 16 year old can consent to sex with someone between 16 and 24, but they have to turn 18 to consent with someone 25 or older - various strange-sounding stuff like that is out there. Again, too many variables.
yes, they possibly could be held for questioning,...arrested/charge... for contributing to delinquency of a minor. Without any collaborating statements from witnesses/the girl herself,.
...proving that the 4 men had sexual contact w/ girl may be difficult given the delay (next morning) of doing a 'rape kit' and securing from loss any potential DNA evidence.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment