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.
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