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lwpat, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing criminal defense attorney
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We lived AZ from Aug 2010 to Aug 2011. We have since moved

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We lived AZ from Aug 2010 to Aug 2011. We have since moved back to TX. My son who was 18 at the time, had broken up with his girlfriend. He ended up having sex with the girlfriends sister who was 15 at the time. This just came out two days ago. I have heard from a friend of my son who said that the girl told him that it was consensual and it was her suggestion. My son has admitted that he had sex with her but swears he did not rape her. This happened during the summer of 2011 I believe the time frame would have been around late May early June of 2011. My son and the girlfriend did end up getting back together and she moved here to TX with us. Her family just ended up moving to TX and live not to far from us. The girlfriend has now left and moved back with her family and found out that her sister and my son slept together. Now the family is saying that he raped her. Since this happened last year and we are not even in the same state anymore, can they still try to press charges?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  lwpat replied 4 years ago.
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this is the Az statute

1) If the minor is under age 15, five years in prison; (2) if the offender is at least age 18 or is tried as an adult and the minor was age 12 or younger, life in prison and the offender is ineligible for release until serving 35 years; (3) if the offender is at least 18 or tried as an adult and the victim is age 12, 13, or 14, the presumptive sentence is 20 years; or (4) if the minor is at least age 15, it is punishable by one year in prison.

They parents could still file charges. He does not need to admit to anything to anyone since that can be used against him in court. He would have to be charged in AZ so hopefully this will not be pursued. If it is he should make no statements and he will need a good criminal defense attorney.
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