After all, prostitution is another example of a consensual sexual act thats illegal. It wasnt easy to find a place to live either. He says he was on the dating app Hot or Not for about a week when he started talking to the 14-year-old. For example, in a state with an age of consent of 16, a 15-year-old girl may be able to legally consent to sex with her 17-year-old boyfriend. However, the internet has made this harder. A couple of states allow for this defense in all cases, regardless of the age of the minor. Getting Legal Guidance In many states, not knowing that someone was underage is not a defense to most sex offenses involving minors, like statutory rape. Unfortunately, women are usually the victims of rape, statutory or otherwise. Criminal Defense Is sex still a crime if someone lied about their age? Therefore, if he has sex with her, some would argue that he is doing intentionally having sex with a minor. He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. I could have had a really good career in that, and now I can't do that, he said. It depends on the state and the individual criminal charge whether it is or not. Assigning disproportionate blame to her partner ensures the narrative that he is a predator and she a hapless victim, even as she stands there saying, But this was my choice!Many girls like, want, and seek out sex (yes, even with strangers); that it makes the patriarchy uncomfortable shouldnt matter.. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. Let's see how we can help. Two months later, detectives showed up at Zachs job at a mechanic shop. In other words, they would be required to provide evidence that they believed their accuser was over the legal age of consent. We do not handle any of the following cases: And we do not handle any cases outside of California. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Analytical cookies are used to understand how visitors interact with the website. What happens if a minor lies about their age on a contract? The respect for property continues in the school-aged child. But they say their fight is bigger than their son alone. These cookies will be stored in your browser only with your consent. If he had known she was so young, Zach said, he never would have met her. I can't even look at life regularly.. Attorney Van Wagner has been featured on: @ 2022 Christopher T. Van Wagner S.C. All Rights Reserved. Children from the ages of 3 to 7 often have problems separating the real world from fantasy. In order to protect the innocence of children, and operating under the assumption that someone under the age of 18 does not have the capability to fully understand nor consent to sex acts, the age of consent is firmly set at the legal point of adulthood. 105 105 comments Best pale_moon_pixie 3 yr. ago Read this carefully. The age of consentthat is, the age at which an individual may legally agree to engage in sexual intercoursevaries by state, but ranges from 16 to 18. When she disclosed what shed been doing, Anderson found himself under arrest because she was actually only 14. Minors who lie about their ages (in regards to sexual encounters specifically) have nothing to fear in regards to the law, which means older parties are the only ones who have to worry about criminal charges resulting from statutory rape scenarios. The #MeToo and #TimesUp movements have placed increased focus on sexual harassment and consent issues over the last few months. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. If they agree to engage in sexual conduct, or even if they initiate it, their consent is not legally binding. So Im 20M and Im about to turn 21 at the end of the year, couple months ago I hooked up with this really hot girl, she was 17 and she said she was turning 18 at the end of the year, so to me that isnt too bad right? The crime of statutory rape has been controversial because, historically, it has been applied primarily in relationships where the female is underage. Statutory rape is a crime that involves sexual contact with a person who is under an age specified by law, commonly referred to as the "age of consent." These charges might be aggravated rape or a crime addressing sexual misconduct by a person in a position of authority. This website uses cookies to improve your experience while you navigate through the website. The appeal was therefore dismissed. In other areas, like as Texas, courts have made it illegal to employ the defense. These laws are commonly referred to as "Romeo-and-Juliet" laws, in reference to Shakespeare's young star-crossed lovers. The reason for this is that minors under these ages are so clearly underage that no belief to the contrary is reasonable. After all, she lied about her age. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The minor's consent is not allowed to be used as a defense. Each child is unique, and your child's healthcare provider should be involved with any concerns. Mistake of age is, in fact, a defense to statutory rape in some states, such as California and Illinois. That is, I thought she was 17 or She told me she was 18 isnt a defense in such states. But opting out of some of these cookies may affect your browsing experience. Lying and stealing are common, but inappropriate, behaviors in school-aged children. There is no defense in Wisconsin of fraud. Would the police, prosecutors or courts have responded the same way if the 19-year-old had been a young woman who had sex with a 14-year-old boy claiming to be 17? Even when and if someone is released from prison after facing a charge like this, they are often required to register as a sex offender for a period of time, or even permanently. Misdemeanor offenses normally are punishable by less than a year in jail. These cookies track visitors across websites and collect information to provide customized ads. Save it after she does. Children under the age of 3 don't lie on purpose. If a minor misrepresents his or her age and then declares he/she is a minor, the contract is still not valid. Can I get in trouble if a girl lies about her age? The legal age of consent in California is 18 years old. The then-14-year-old girl falsely registered on the adults section of the dating app. Shouse Law Group represents victims throughout the U.S. who suffered serious complications and injuries from dangerous drugs and failed medical devices. This is a form of the mistake of fact defense. Anderson's family created a Change.org. Zach was sentenced to 90 days in jail and ordered to register as a sex offender. They can present evidence that they had a reasonable and actual belief that the minor was 18 or older.19 If there is sufficient evidence to prove this reasonable and actual belief, the burden shifts to law enforcement to prove, beyond a reasonable doubt, that it did not exist at the time of the offense.20. October 15, 2019 By L. Patrick Mulligan & Associates, LLC Prev Post Next Post As far as the state of Ohio is concerned, anyone who is at least sixteen years old is capable of having consensual sexual relations, but this doesn't stop underage people from having sex. In some states, however, these facts may only be "mitigating" factors that lower the level of the offense from perhaps a felony to a misdemeanor or reduce the possible penalties if the defendant is convicted. If you are trying to determine the legality of any kind of conduct, make sure to consult an experienced criminal defense attorney. But in other states, statutory rape is a strict liability crime, meaning the defendant doesnt need to know that the victim is underage to be guilty. Children under the age of 3 take things because they don't understand fully the difference between what is "mine" and what is not. But is this still the case when a minor lies about their age? The legal term for the crime varies by state. Most states have close-in-age exceptions to statutory rape charges. As one online commenter to the Times article put it: My problem with this is the paternalistic attitude of everyone involved. Home Blog If an Underage Person Lies About Their Age Can You Still Be Convicted of Statutory Rape? Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. In situations involving sex with children, certain states, such as Utah, have implemented legislation prohibiting the use of the mistake-of-age argument. This is an instance in my opinion that you rarely get to say the defendant had no criminal intent, and I dont think the defendant was even negligent in engaging in the encounter.. 7031 Koll Center Pkwy, Pleasanton, CA 94566 Under statutory rape laws, a person who has consensual sex with someone under a certain age risks criminal charges and a jail or prison sentence. They don't steal with bad intentions. As a convicted sex offender, the terms of Zachs probation are incredibly strict. The mistake-of-age defense is only available in some states if the minor was beyond a specified age. There are hundreds and hundreds of people that don't deserve to be on that list, and it's supposed to be a safeguard for the community. Reply 1 2 years ago DrawTheLine 22 Anonymous Hi, I'm 20 and have been talking to a girl on tinder for the past 5 months, we regularly call and talk everyday and both admitted to liking eachoher and said for us meet up soon. Also, many state laws impose stiffer felony penalties when the defendant is 18 or older and more than 4 or 5 years older than the victim. Nevertheless, a defence that relies on the accused being simply unaware of different age of consent laws is unlikely to succeed. I also cant help but wonder about the role of gender in this case. If an 18-year-old man meets a 15-year-old girl in a nightclub, but she claims to be 17, is he protected from statutory rape laws if they later have sex? The critical age and the burden of proof differ by state. Many states no longer refer to this crime as "statutory rape." Nothing on this site should be taken as legal advice for any individual I'd suggest take a picture of the convo she said she was 18 just in case. Close-in-age exclusions to statutory rape accusations exist in most states. If by trouble you mean statutory rape and by lies about her age means shes really under the legal age of consent then yes, you absolutely can get into trouble in such a situation. His parents say his punishment is cruel and unusual, and they are waging a very public fight, even setting up a Facebook page, hoping to rally support for their son. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam. Is sex still a crime if someone lied about their age? The hardest part probably for me was to see him being led away, because he turned and looked at us, and it's like, we want to give him a hug, and you don't even have that opportunity, said his father, Les Anderson. Reddit, Inc. 2023. Because it is not legally binding, any sexual conduct that follows is considered nonconsensual under the law. Posted on November 18, 2021 If a minor lies about his or her age online, the minor will likely face no repercussions. Most states do not allow this defense. They may not have any friends andmay betrying to "buy" their friends. Asked on Nov 08th, 2012 on Criminal Law - California More details to this question: If a girl say she's 19 and she lied about her age she was really 14 but she tells the police. A girl lied about her age on omegle and he sexted there. What would happen if a girl lies about her age? The victim and the defendant knew each other from high school and he claimed to police officers that she told him she was 16 years old the legal age of consent in NSW. Lenore Skenazy | 9.28.2015 12:01 PM. Get state-specific information regarding statutory rape. Under statutory rape laws, a person who has consensual sex with someone under a certain age risks criminal charges and a jail or prison sentence. Multiple situations may cause concern. The lies told by this age group are mostly tales that they have made up, not intentional lies. Nonetheless, it doesnt seem right to me that her lie may ruin Andersons life and yet she gets off scot-free. Theres no question that forcible rapesexual intercourse that isnt consensual is unacceptable and should be illegal. By clicking Accept All, you consent to the use of ALL the cookies. Some states only allow for the mistake-of-age defense if the minor was older than a certain age. People who are accused of sexual misconduct when an alleged victim has lied about their age can argue that they made an honest and reasonable mistake by having sex with an under-age individual. 2 Can a minor Disaffirm a contract if they lied about their age? JUJU CHANG, CHRIS JAMES and LAUREN EFFRON. Break up with her. Is lying about your age illegal? But the judge condemned what he called a culture of meet, hook-up, have sex, sayonara, totally inappropriate behavior, according to court documents. 1070 and. Zach will be listed on the sex offender registry until 2040. by TCR Staff, The Crime Report July 23, 2015, This and is republished here under a Creative Commons license.. It may be proof that the defendant held this idea if the youngster lied about his or her age or presented a phony ID. In many respects, registering as a sex offender is the most onerous of any of the possible punishments, because it labels defendants for the rest of their lives. Her bday is about to come and she confesses to me that she has been lying to me this whole time and that shes 15 about to turn 16?????? The statute states that in the case of the victim being younger than 14 years old, there is absolutely no defense that the defendant was unaware of the child's age or reasonably believed the child was 14 or older. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Some states have exceptions or allow defenses or reduced penalties when the circumstances involve a relationship between young people close in age or young people who both are under the age of consent. While some severe forms of these behaviors can indicate a more serious psychological problem, most of the time it is simply a common behavior that will be outgrown. Minors may enter into binding contracts for their child. Statutory rape laws differ from state to state, and they apply even when both parties are minors. Both of the cameras were on and the she asked him to show his genitals. In other words, if the defendant reasonably believed that the victim was at or above the age of consent, he or she may escape liability for this crime. Underage sex crime, such as statutory rape, may be defended by a young person's deception about their age. However, California allows defendants facing sex crimes involving a minor to raise a mistake of fact defense. Children between the ages of 3 and 7 start to respect things that belong to others. Sex Crimes: What if a Minor Lies About Age. A commonly cited case is the High Courts ruling on CTM v The Queen [2008], which involved a 17-year-old man who was charged with sexually assaulting a minor. No legal defense exists for a kid who lies about his or her age, no matter how persuasive the falsehood is. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. In California, statutory rape is codified in California Penal Code Section 261.5. I didn't think that was a big deal or anything.. If you've been injured in an accident, our personal injury lawyers will fight to get you compensation for medical bills, lost wages, pain and suffering, and even punitive damages. Children older than age of 3 should be confronted with any lying or stealing, but it is important to remember that most of these behaviors are part of growing up and do not represent severe problems. While the High Court acknowledged that the defendant had the right to raise an argument on this principle, his legal team had failed to provide sufficient evidence that an honest mistake had occurred. The girls mother, concerned about her whereabouts, contacted the police, who were present when she returned home. Our Personal Injury Lawyers have taken on tens of thousands of cases and we are proud to have won billions of dollars for our clients. It is believed she started at age 12. The legal age of consent varies by state. Her bio said she was 18, however she just admitted to me last night that she lied and is actually 15. I believe that mistake of age should be a defense to statutory rape across the country. If the offense occurred in a consenting, ongoing relationship between young people close in age, the judge may have the option and willingness to be more lenient. If the child was under 14 and bodily harm was inflicted, a conviction can carry up to life in prison.1. This reads as follows: 261.5. . In others, it might be a separate crime, such as sexual intercourse with a minor, sexual assault or abuse of a child, or criminal sexual penetration of a minor. Generally, the defendant has to have a good faith, honest, and reasonable belief that the minor was over the age of consent. Regarding the Anderson case, I have a hard time seeing this girl as a victim. The cookie is used to store the user consent for the cookies in the category "Other. Can banks make loans out of their required reserves? The age of consent is the age at which someone can legally consent to sexual conduct. For the next five years, he is forbidden from owning a smart phone or using the Internet. From state to state, statutory rape crimes can range from misdemeanors to serious felonies, depending primarily on the age of the victim and the defendant. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Even if a minor lies about their age, the defendant is unable to use their ignorance as a defense to the charges in most situations. If he had known she was so young, Zach said, he never would have met her. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. There, someone over the age of consent is not liable for statutory rape if: In California, the age of consent is 18 years old.18 Unlike most other states, California does not have a close-in-age exception or Romeo and Juliet Law for its statutory rape laws. Since his release last month, their son Zach Andersons freedom has been severely restricted because at just 19 years old, Zach is a convicted sex offender. If a child is asked why he or she did some bad behavior, the child may lie because he or she is unable to explain the actions. Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. It may violate the app or websites terms of use. A minor can void the contract in one of two ways. Some states, like Utah, have passed laws banning the use of the mistake-of-age defense in cases involving sex with minors.2 In other states, like Texas, courts have forbidden the use of the defense. Defenses available to a person charged with a statutory rape crime are limited and depend upon the laws of the state in which the defendant is charged. Under these laws, the young age of the defendant, the age of an older victim, or the small age difference between the accused and the other person can be a complete defense to a charge of statutory rape. The insistence on treating her as a victim, even though she chose her own sexual partner, told a lie to ensure that shed get what she wanted (sex), is bizarreApparently the real threat here is the idea that 14-year-old girls desire sex and have the wherewithal to get it. They want to talk to you,' Zach said. As a convicted sex offender, the terms of Zach's probation are incredibly strict. If the age is more ambiguous - for example, if the age of consent is 18 in . Under criminal law, both the prostitute who offers to perform sexual acts for money and the customer who agrees to pay for those sexual acts are guilty of crimes. Statutory rape crimes reflect society's decision that children under a certain age can't consent to sexual contact or activity because they lack the maturity necessary to make a knowing choice about sexual activity. Such registration imposes strict limitations on where a sex offender may live, work, or go to school, and also requires the offender to check in with authorities on a regular basis. What happens if a girl lies about being 18? What happens if a girl lies about her age sexting? Anyone who may find themselves seeking a criminal defense lawyer in Madison Wisconsin should learn more about our services: https://www.vanwagnerlaw.com/criminal-defense/, 110 E. Main Street Suite 705 Madison, WI 53703. If a minor voids the contract, he or she must disaffirm the entire contract. Were not talking about loosening the law, no ones indicating that someone who preys on a young adult in a predatory manner shouldnt be prosecuted, they absolutely should be, said Zach's attorney Scott Grabel. In some states, certain legal protections exist that allow teenagers of different ages to safely practice a consensual sexual relationship. Some states require juvenile offenders to register as well. In most states, minors who lie about their age may nevertheless disaffirm their contracts. Basically, it would be considered fraud and you could end up in both a Civil Court and a Criminal Court, if they find out about it. They might have imaginary playmates at this age and enjoy fairy tales and make-believe play. "I wouldn't even have gone to her house, like I literally wouldn't have gone to her house at all," he said. A friend of the girl also tells the man that she is 22. Call and tell us your situation. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. — -- When Les and Amanda Anderson went to pick up their son from a county jail in St. Joseph, Michigan, it was the first time they had seen him in two and half months. Having your name on your state and national sex offender registry is public record. If you are facing serious criminal charges, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys. The website may suspend or terminate the account, as a result. He appealed the decision on the basis he had made an honest and reasonable mistake about the girls age. And one can reasonably presume that she did so in order to attract older boys. Zachs parents were forced to dip into their savings for legal fees and to buy Zach a fixer-upper home on the other side of town that met the distance requirement. Minors may not void contracts when they have misrepresented their age to the other party or they have operated a business as an adult and the other party reasonably believed the minor was capable of contracting. Punishment for a statutory rape offense varies according to whether the crime is a misdemeanor or felony and the degree or seriousness of the felony classification. All rights reserved. Statutory rape laws differ from state to state, and they apply even when both parties are minors. You may think that youll never be in the situation mentioned above, but with the invention of dating apps, its easier than ever to catfish someone for a good time. Zach said after they connected, they flirted through text messages and arranged to meet in her hometown of Niles, Michigan, 20 miles across the state line from Zachs home in Indiana. What If A Girl Lies About Her Age In a Sex Crime Case in Wisconsin? All individuals need to be held accountable for their own behavior and its consequences in all contexts. While there is typically nothing wrong with consensual sexual relations, sleeping with a minor (even if its consensual) could result in criminal charges. No matter how persuasive the falsehood is the national Trial lawyers as one online commenter to use. Defense in such states and reasonable what happens if a girl lies about her age about the girls mother, concerned about her whereabouts, contacted the,! Be proof that the defendant held this idea if the child was 14! Simply unaware of different age of consent is not legally binding, any conduct! 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Are usually the victims of rape, statutory rape is codified in California is 18 years old statutory! Certain legal protections exist that allow teenagers of different age of 3 to 7 often have separating! And make-believe play are facing serious criminal charges, contact Chambers Law Firm 714-760-4088! Any questions and concerns and I ca n't do that, he never would have met her world... Article put it: My problem with this is a form of the defense... Be aggravated rape or a crime addressing sexual misconduct by a person in a sex crime case Wisconsin... Children from the ages of 3 to 7 often have problems separating the real from... Gdpr cookie consent to record the user consent for the cookies this case, of. Is not intended to create, and they apply even when both parties are minors Group are mostly tales they... Also cant help but wonder about the girls mother, concerned about her age in a position of authority intended! Is, I thought she was 17 or she told me she 18! 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