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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience:  25 years experience practicing attorney
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ok here it is...say a 16 year old girl snuck out of her house

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ok here it is...say a 16 year old girl snuck out of her house to go hang out with a 20 year old guy...they were together all night and her parents finally realized their daughter is gone and called the cops assuming that this 20 year old was with her...the parents had already forbid them to see each other...if the 20 year old tells the truth, what kind of trouble can the 20 year old get in and also what kind of trouble can the 16 year old get in?...keep in mind this is in michigan, there were no sexual relations between the two, they both chose to be with one another, and if it matters the 16 year olds birthday is XXXXX she will be 17
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - If there was no sex then there is no violation of the statutory rape laws. The 20 year old should not say a word to anyone however since anything he says will be used against him and nothing he says will help him. No defense attorney in America would tell anyone who could be charged with a crime to talk to the police or anyone else other than an attorney. He could face charges of contributing to the delinquency of a minor if she was with him without parental consent and that would be the most likely charge. There could be a charge of interference with child custody as well. The age of consent for sex in MI is 16 so there's no danger of a sex offense assuming it was consensual. Frankly I doubt any prosecutor would accept such a case or charge the 20 year old with anything so long as there is no evidence that he forced the girl out of the house but there simply is no reason to talk to anyone about the case. So long as the girl admits she voluntarily left her house then I see no reason to charge anyone with a crime.
Customer: replied 2 years ago.

ok heres the deal now...the 20 year old lives with his parents and the girls parents called his parents saying that they know that their daughter was with the guy.....but the guy and his parents are unsure if this is a bluff or if the daughter ratted him out....during the call, the girl's parents said that they would like the guys parents to call them and see if they can figure things out.....the girls parents dont seem like the type that will back off....what action should be taken now by the 20 year old? and i forgot to mention the two were not actually caught together and there is no hard evidence that they were together...the girl was dropped off discreetly and went home and nobody actually saw them together so the only chance of the parents knowing he was with her would be assumption or if the girl said something

 

hey btw can i talk to you over a phone? it would be so much easier and i need this info immediately

 

Expert:  Dave Kennett replied 2 years ago.
The 20 year old is an adult so his parents have nothing to do with anything and have no business talking to anyone. As I said, the 20 year old should not discuss the situation with anyone. I'm not certain what the girl's parents want to "work out" but my suggestion is that the 20 year old stay away from the girl while sh is a minor and under the control of her parents. As I said above, I doubt any prosecutor would accept criminal charges under these circumstance and the 20 year old cannot control what the 16 year old tells her parents. If the parents tell the 20 to stay away from their daughter and he continues to try to see her then there may be a reason for the cops to get involved. He is the one at risk, not the girl.
Customer: replied 2 years ago.

ok so what if the parents of the girl keep hassling the guy? you said he should not discuss the situation with anyone...but if they continue to call again and again what should he do in response? or if they come to the house directly to discuss things what course of action should he take then?........the guy is already planning on staying away from the girl until she is no longer a minor.....so pretty much what im asking you is, should he just not talk to anybody about it? even if they keep hassling him with calls?

Expert:  Dave Kennett replied 2 years ago.
I would suggest that he refuse to talk about it and if they call be polite and simply say he doesn't want to talk. After that if they continue to call he can hang up and if they come to his house and harass him he can call the police for trespassing.
Customer: replied 2 years ago.

so i shouldnt just tell the truth and say that i was with her but didnt do anything wrong? its better to keep quiet of itok last one here i know you already answered and said that "Frankly I doubt any prosecutor would accept such a case or charge the 20 year old with anything so long as there is no evidence that he forced the girl out of the house but there simply is no reason to talk to anyone about the case."


but what are the chances that if her parents attempt to take it to court, that i will be susceptible to charges set against me? and what are the chances that i could receive a fine, be put on probation, or be issued with a possible misdemeanor?

Expert:  Dave Kennett replied 2 years ago.
The problem is that everyone already knows you were with her and the fact that "nothing happened" is irrelevant since she is legally able to consent to sex at 16. So the only issue is that she was out of the house against her parents' wishes and the only possible action against you would be that you assisted in her being a delinquent child. So unless she accuses you of some wrongdoing I just don't see a case for a crime. Obviously I cannot guarantee that someone will not file a case against you but there is simply is no evidence of a crime that I can see.
Customer: replied 2 years ago.

but thats just it, nobody knows, the parents just assumed...the only "proof" would come if she said she was with me or if i said i was with her......because she was picked up and dropped off with no witnesses..........and just to clarify, if she says she did everything voluntarily then there is no case?

Expert:  Dave Kennett replied 2 years ago.
There's no case that I see and why would you want to admit to something they can't prove? Talking about these things is the worst thing you can do.
Customer: replied 2 years ago.

alright....thanks dave i appreciate the assistance


 

Expert:  Dave Kennett replied 2 years ago.
No problem and thanks for using our service - Dave
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27687
Experience: 25 years experience practicing attorney
Dave Kennett and 11 other Criminal Law Specialists are ready to help you

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