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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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In 1988 my niece, who was then 16 and a resident of Oahu, Hawaii,

Resolved Question:

In 1988 my niece, who was then 16 and a resident of Oahu, Hawaii, was inappropriately kissed 3 times (including French kissed) by her mother's boyfriend, who lived with them.
If the event had been reported, would he have been arrested and likely convicted of child molestation? Would he also have been required to register as a sex offender?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Joseph replied 2 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed criminal defense attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • How old was the boyfriend?
  • Was there any other physical contact?
  • Was there any relationship between them other than her mother being his girlfriend?
  • Did he have any criminal history at the time?

 

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 2 years ago.

1. The mother's boyfriend was 43.
2. I don't believe there was.
3. No.
4. I don't think so.

I might add that he recently inappropriately embraced my sister's granddaughter, who is 20.
His motive appears to get my sister's attention!!!
Expert:  Joseph replied 2 years ago.

Please understand that any answer to this question would have to be hugely speculative. The allegations are from 23 years ago and, even then, many variables would be involved. However, my speculation is that a criminal prosecution would have been quite likely but he would not have ended up as a sex offender.

 

I worked as a prosecuting attorney for several years and have been a defense attorney for over a decade. Having worked many cases like this, I can state that prosecutors generally do not litigate these cases as vigorously as they otherwise might. To take this case more seriously, they would want more physical contact or an existing criminal history, especially one involving another sex offense.

 

Again, it's quite speculative, but I would suggest that a likely outcome would be a conviction for a non-sexual offense and a period of probation.

 

Please let me know if anything requires clarification.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 3 other Criminal Law Specialists are ready to help you

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