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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21099
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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If a young girl under the age of 18 who knows if she tells

Customer Question

If a young girl under the age of 18 who knows if she tells her real age, a young man would not spend time with her, lies and says she is 19, then the young man is charged with "sexual misconduct with a minor, second degree, even though he never touched the girl in any way, would that be considered entrapment on the girl's part? My point is that if the girl is smart enough to lie about her age because she wants to be with older men, then how can the law only blame the man even if he never touched her sexually or other wise? How can the young man fight the charge? It's her word against his, and the young girl is not saying seh and the man had sex, but the law states it doesn't matter that the girl lied, the man still has to be charged. This is South Carolina and there has to be something that can be done.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

I completely understand your argument here, and I agree that it's unfair to punish a man for the lying and scheming of a woman. However, the law does place the burden on the man to find out the age of a girl before engaging in any prohibited acts with her. It's not fair, but for reasons of public policy, it has to be that way. The laws are designed to protect young women, and they can't be protected when the law allows them to be blamed. That is why the law is clear that it is not a defense that the girl misrepresented her age.

Unfortunately, entrapment only applies to police conduct. A person other than a police officer who induces another to commit a crime, by definition, cannot have committed entrapment. Since the girl in question is not a police officer, that defense isn't available.

With that said, to convict someone of criminal sexual misconduct, there are requirements that must be met. You didn't say how old the girl is, but if she is over the age of 16, it's not a crime at all. S.C. Code of Laws, Section 16-3-655. Even if she's younger than sixteen, the statute requires that a person "willfully and lewdly commits or attempts to commit a lewd or lascivious act upon or with the body, or its parts, of a child . . . with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of the actor or the child." If he never touched her sexually, the requirements of the statute are not satisfied.

If you son has been charged, he'll have a right to request that an attorney be appointed for him at the first hearing (if this has not already happened). If he cannot afford a lawyer, one will be appointed at no charge. If the indictment does not allege any conduct that can reasonably be construed as sexual misconduct, the lawyer can move to dismiss the case - possibly right there on the spot. If that doesn't work, there will be the opportunity for the lawyer to review all the evidence, talk to both people involved, and work out the best strategy for trying to beat the charges.

In a broader sense, the primary thing that can be done is a campaign to change the laws involved. That unfortunately will not help you son immediately, but could help others involved in similar situations. That would involve sending letters to your state legislators and encouraging others to do the same. Alternatively, you could look into the process of putting a proposed law change on the ballot. It's a long process, and there are no guarantees.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 21099
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

You have been very helpful; I was aware about the law stating the burdon is upon the male to find out the age of girl, however, I was very concerned that a man would have to wear the "scarlet letter" forever even though he never touched the girl and, from my son's understanding, there has been communication between the girl and the solicitor stating my son did not do anything. We are trying to get the charges dropped, so even though lie detector tests are not admissable in court, would it be something we could try to prove my son's innosence? One of the solicitors approached me and stated that they were aware that my son was not the culprit(?) (another young man was accused along with my son), however, they would approach my son and ask him to give information to "get" the other young man. My son was riding with the other young man who was supposed to be taking my son to his place of employment to see if my son could get hired. It seems that the other young knew the girls, and the girls were stating he was the one who committed the offense. After that young man was arrested, he gave the officers my son's name as being with him. Also, this entire time my son has been incarcerated in the detention center (two months) there are no charges; it's as though he's just being held. So, if a lie detector test will help, can my son request that his lawyer get him this?


Your answer has given me such hope to help my son. Why doesn't my son's lawyer think this way? My son has already told him he never did anything in anyway. I'm glad you've been here to help; I'm beginning to see a light at the end of this tunnel.


Thank you so much, I will wait for your response.

Expert:  Lucy, Esq. replied 1 year ago.
If you can get the girl to admit that he never touched her, that statement can be used in court, both to show that she's lying and to show that he didn't do it.

He can offer to take a lie detector test himself, but there is nothing in the law that would allow a person accused of a crime to insist that the witness take such a test. And, because tests are unreliable and things like nerves and stress can lead to inaccurate results, he would want to talk to his attorney before even considering it.

If he's being held and they haven't charged him with anything, he should talk to his lawyer about trying to get a hearing so he can get bail. They can't just hold a person indefinitely without charging him with anything.

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Lucy, Esq.
Lucy, Esq.
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Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.