MGL c.272, s. 4. Inducing person under 18 to have sexual intercourse.
Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.
The problem is with a couple of words "chaste" and "induces." In this case, your sister had already had sexual relations, not only with this individual, but unfortunately apparently from the previous molestations. In addition, since they were together, I am assuming that he would say that she was a mutual participant and he didn't "induce" her. The statute of limitations would not be a problem as she would have 6 years from the time of the act, but it is really a stretch to think that the State will take this to prosecute. But again, she can file a report.
To answer your question about computer records, etc., as long as the computer is still available, if the police got possession of it, they could recover any record that had ever been created on it. In terms of what might be in email or social network systems, their records usually go back a few years, so there is a chance that they may be able to retrieve those.
Ultimately, your sister will have to decide if she wants to take this on since it can be protracted and unpleasant, or if she just wants to try to put this behind her and move on.
Please let me know if you need any clarification. I would be glad to assist you further if I can.
1) Can I go to district attorney office and see one of the prosecutors to discuss the case and how much weight is going to be in our favor without filing a case?
2) And can I do the same thing going to a police detective without pressing charges?
3) An option my sister's counselor presented to us that we might want to settle and confront the guy and his family to settle this; if it helps us and more importantly my sister to cope with it better. My question is if we decide to go that route, is there state assistance provided in a legal way where we can have a legal document/ agreement in place between both the parties? And if any conditions in the agreement is broken by the guy then we can have a legal recourse and can enforce it?
1) Can I go to district attorney office and see one of the prosecutors to discuss the case and how much weight is going to be in our favor without filing a case? You can try, but it is doubtful that they could take the time to talk to you. Normally when a criminal complaint is made directly to the DA's office, the alleged victim will speak to an investigator and perhaps a victims' advocate, but no one of the attorneys. Until there is a complete investigation no one can tell you what the results will be.
2) And can I do the same thing going to a police detective without pressing charges? First, just to make clear, it is your sister, and not you, who would need to be filing the criminal complaint. Again, no one is going to tell you the results of a case until there is an investigation, so although they might initially indicate if they have jurisdiction, etc., they won't tell you yes or no on the charges.
3) An option my sister's counselor presented to us that we might want to settle and confront the guy and his family to settle this; if it helps us and more importantly my sister to cope with it better. My question is if we decide to go that route, is there state assistance provided in a legal way where we can have a legal document/ agreement in place between both the parties? And if any conditions in the agreement is broken by the guy then we can have a legal recourse and can enforce it? No, you will need to find a local attorney fee based to assist you in sending him a demand letter and getting the process started.
Lets just say, if someone were to get a confession from him on video/ audio and/or a written signed statement, would that help? And how much can be admissible in court?
Or if my sister decides to get in touch with him to meet and lets all her frustration out on him and he agrees that he did wrong. And my sister records their conversation, would that help? And how much can be admissible in court?
So i'm assuming a demand letter can be enforced legally if the conditions are not met by the guy? And if he accepts the demand letter, doesn't it mean he is admitting guilt to the crime?
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