Rather, in North Carolina, statutory rape laws include a number of sex offenses related to an adult engaging in sex acts with a minor. This training may cause them to play nice. Signs of Being Under Investigation. You should not voluntarily go to a police station for questioning without first talking with a lawyer.
However, if a detective calls you or comes to your home, do not speak with them or answer questions before talking to a lawyer. An investigator will go interview potential witnesses to try to confirm your version of events from other parties. Never speak to the police about this type of allegation. Criminal investigations can take days, weeks, months, or even years depending on the complexity of the matter. How long does a statutory rape investigation take back. His dad hasnt liked the idea of him dating a younger girl from the beginning, and i think hes going a bit overboard. In short, if you are convicted of an offense that the state of North Carolina considers to be either a sexually violent offense or an offense against a minor, you will be convicted of a "reportable conviction. In other states, the age of consent ranges from 14 to 18. You may receive a friend or connection request from someone you do not know on social media.
The circumstances of how and where you met the alleged victim (i. e. if you met the victim at a bar or through an 18-and-over dating service). Contact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation regarding your case. Anyone – including witnesses, the minor's parents and the alleged victim – can report statutory rape offenses. The attorneys at Wallin & Klarich moved aggressively to present my case in the best light to the court and negotiate with the prosecutor handling my case. Police use of a line-up array could further cause confusion for the victim. You cannot be convicted of this crime if you dated a minor or engaged in holding hands or kissing a minor. At the trial the prosecutor would have to present evidence. These offenses can lead to years in prison and mandatory registration as a sex offender. If you have been falsely accused of rape, you are facing a complex and stressful situation. If the crime has just happened, call 911. Call Wallin & Klarich Today. Sexual Assault (ARS 13 1406) – Learn About Arizona Rape Laws. The prosecutor was insisting on a 90 day jail sentence and a guilty plea. The conviction cannot be hidden from future employers, colleagues, or neighbors, even after you are no longer required to register on the Sex Offender Registry. Statutory sexual offense with a child involves engaging in sexual acts (which is a broader term than sexual intercourse) with a child under age 13 when the defendant is 18 or older.
Police Interrogations of Suspects. If you ignore the summons and do not go to court, a warrant will be issued for your arrest. Samples of unknown substances. If you are not sure you want the police involved, go to the hospital on your own for medical treatment.
If the victim is 15, 16, or 17 years old, an offender may defend himself or herself if he or she is under 19 years old or is attending high school, is no more than 24 months older than the victim, and the conduct was consensual. Almost all rape cases are assigned to a detective who is trained in obtaining evidence in these types of cases. Whether or not a detective processes the crime scene, a detective will be involved right away. The statute of limitations on statutory rape charged as a felony is three years. Sexual assault is a Class 2 felony under Arizona law. Under the law in Arizona, rape and sexual assault are the same thing. Statutory rape under ARS 13-1405, on the other hand, involves an adult engaging in sex with a minor – the offense does not require force or violence of any kind. What Does Prosecution Need to Prove in a Rape Case in VA. He stood to face upwards of 20 years in prison if convicted. Prior results do not guarantee any future outcome. We've successfully helped thousands of clients in their time of legal need, and we can help you now. Statutory rape is considered a misdemeanor if you are no more than three years older than the victim. Investigators will seek search warrants to seize evidence of the relationship in the offender's possession. What is 3rd Degree Rape in New York City? It will make you look like you are aware of your rights and will take the necessary steps to uphold them.
If that officer or agent asks you to come into the station, politely inform them that you will speak with an attorney first. Over the years, our attorneys have helped numerous clients overcome serious charges of statutory rape and other statutory sex offenses: - Charge dismissed: Our client, who was diagnosed with autism, fetal alcohol syndrome, and multiple learning disabilities, was charged with a statutory sexual offense involving his 13-year-old cousin. Generally speaking, most felony offenses have a 7 years statute of limitations in Arizona. When the case got to court, the district attorney's offer was to plead guilty to a felony, serve one year in county jail and to register as a sex offender. If you are a suspect, they will want you to come to the station and sit in a small, unappealing room where they can intimidate you, question you, and even lie to you. Our skilled criminal defense attorneys at Wallin & Klarich have been successfully defending clients accused of statutory rape for more than 40 years. 10 Things You Should Know About Statutory Rape Charges in NC. If you were married to the alleged victim at the time of the incident, you should not be convicted of statutory rape, even if it is true that the alleged victim was a minor. Without consent includes any of the following: Mental defect means the victim is unable to comprehend the distinctively sexual nature of the conduct or is incapable of understanding or exercising the right to refuse to engage in the conduct with another. Felony statutory rape under these circumstances carries a sentence of 2, 3 or 4 years in county jail and a maximum fine of $10, 000.
We retained the experienced law firm of Wallin & Klarich to help our son. Our lawyers have decades of combined experience handling these charges. They may want information about someone who is a suspect. Most of the investigation will be spent figuring out when and how the sexual contact occurred. A good prosecutor only wants to prosecute guilty people, not people who are marginally guilty but who are as a matter of law or guilty. The prosecution must also prove that the defendant used (or threatened to use) a weapon, inflicted serious injury or was aided by at least one other person. If you are lucky enough to find a law firm like Wallin & Klarich willing to fight for you, you are very fortunate. How long does a statutory rape investigation take control of scrivener. Any experienced Massachusetts rape lawyer would never go to the police station with their client to make a statement.
In Connecticut, the crime must be initially reported within five years for any future DNA match to be considered. Samples of trace evidence, such as soil and fibers. How long does a statutory rape investigation take away. However, throughout the process, whenever we would email or contact Wallin & Klarich, they would gladly speak to us and explain what was going on with the case. If you have evidence that can refute such a defense (such as a diary entry stating that the offender picked the victim up from school), provide that evidence to the investigator. Mandatory 35 years to Life in Prison – Pursuant to ARS 13-705 (DCAC); A minimum of 13 years in prison and up to a maximum of 27 years in prison– Pursuant to ARS 13-705 (DCAC); Arizona sex offender laws pursuant to ARS 13 3821, require those convicted of statutory rape to register as a sex offender and be placed on the Arizona sex offender register.
An Alabama statutory rape lawyer will want to establish a relationship with the client. Sexual abuse and assault statutes vary from state to state, but in general, prosecutors need to prove three things: First, that sexual contact occurred (usually intercourse, but some states are more inclusive of what activity constitutes rape); second, that the parties were unmarried; and third, that the victim was under the age of consent when the sexual contact occurred. Your e-mail suggests that she is suffering from the experience. Victim at least 15 years old: Victim 12, 13 or 14 years old – DCAC: Victim is 12 years old or younger – DCAC: The sexual assault sentence applies to defendants who are 18 years or older. If you are asked to come into the station to make a statement, this is a red flag. Prior to determining the perpetrator, there is no statute of limitations on sexual assault. Statutory rape is a serious charge in Arizona. Class C statutory rape or statutory sexual offense (when the defendant is within 6 years of age): These offenses carry a prison sentence of 44 to 182 months (3. Wait until you are given the opportunity to contact someone. In addition, the contact person can tell you about the options for special considerations to be made for you when you testify in court.