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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32369
Experience:  Began practicing Family Law in 1992
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There were 10 kids at a park some were drinking. A 17 year

Customer Question

There were 10 kids at a park some were drinking. A 17 year old boy and a 15 year old girl walked away and they were seen making out. Both were into it. They moved away to a darker spot so the friends could no longer see. Her friend was going to walk over and see what was going on because the girl had a boyfriend. A boy grabbed her hand and told her to not go over because they seemed to be enjoying themselves. However, once the 17 year old boy started to undo her pants she started to fight but he continued. The kids ran over and saw that it was a sexual assault; there were bruises on her body (no intercourse). Does the boy who held her friend back receive any punishment in a court of law? He is 17 and was unaware of what was actually happening to the 15 year old. He did not exert force on the girl to hold her back.
Submitted: 4 months ago.
Category: Family Law
Expert:  JD 1992 replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is it possible for the 17 year old to be charged with a criminal act of some kind? Yes, absolutely.

First, you have to be aware that it takes almost no evidence to charge someone. If someone testifies just to the actions you cover then it is possible for the boy that grabbed the girl's arm to be charged with assault/battery, some form of unlawful restraint, and potentially as a conspiracy to sexual assault since it could be argued that by preventing the other girl from going over and "helping" her friend then he made it easier for the sexual assault to continue.

It's harder to get a conviction since the burden of proof on that is very high, beyond a reasonable doubt, but it is still possible.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
even though he did not use force to hold her back he only held her hand and said they seemed into it he had no idea that it was not good she was drinking and so was the boy the two were family friends and people new he had a crush on her she willing walk away with him he even has been on family vacation with her the parents have asked him Togo to a different school and she wants to punish this other boy with the same I don't belive this is justice the boy had no idea and if did he would have stopped it and the other kids know that
Customer: replied 4 months ago.
I don't know what to do
Expert:  JD 1992 replied 4 months ago.

Again, I'm not saying he will be charged (and you don't mention if he has been) nor that he will be convicted, I'm just saying it is possible.

If the young man is charged then the best thing to do is get him a lawyer right away and then have the lawyer hire a Private investigator to go and get statements from everyone that was there and hopefully they will back up the young man's story.

In cases like this I have found it is best to be aggressive and act as quickly as possible so that you can "head things off". Many times if the lawyer has evidence supporting his client's side and he gets involved early then he can talk the DA into not pursuing it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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