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Ask Legalease Your Own Question

Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14504
Experience:  15 years exp all aspects of general law
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Ok Im engaged to my fiancé but I got charge with carnal knowledg

Resolved Question:

Ok I'm engaged to my fiancé but I got charge with carnal knowledge 14 now the sheriff tells me that I'm the only person that can sign her out because her mom doesn't have any rights and her dad has rights but under investigation for abusing her which that's the reason I went down to talk about that to help her out but them me and fiancé relationship came up and that's when they charge me now I didn't have a lawyer present but I signed and admitted that my fiancé story was true now idk how to get out of this mess I have bright future and don't want to become a register sex offender but because of all this my future isn't looking to bright
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Legalease :

Hello there. How old are you and how old is your fiance?

Customer: I'm good how are you? And she's 14
Customer: Well actually I'm worried
Customer: I'm 27
Legalease :

Hello again -- that is a large age difference -- In Virginia, statute 18.2-63 prohibits any person from having intercourse with a child between the ages of 13 and 15 and the punishment can be up to 10 years in prison. The only relief with this type of statute is if you were under 18 and less than 3 years older than her. However, under these circumstances, even if she consented to the act with you, it does not matter because the law holds that she is NOT capable of consent. So whether she consented or not is not an issue.

Legalease :

Once the police found out your age, they had no choice but to charge you with this because you are almost twice her age.

Legalease :

In some states, the parties can be married to get the charges dropped, but in VA she must be at least 16 years of age to get married and she would need parental consent to do so. If she were pregnant and 14 or 15 she could also get married but she would need parental consent under those circumstances also.

Customer: Well she did consent but the sheriff trick me coming down to va cause she needed my help and get dad was under investigation for abusing her so by me being supportive and being there for since she is my fiancé I went down to help when I get there they ask questions about what was going on then they ask about our relationship then they were like we seen pictures of the both you guys on her phone and I was like ok we are engaged and then they was like we got her story of y'all first time sexual and then had no choice but to admit to the charge so what can I do now
Customer: Her mom has no rights over her
Legalease :

The only thing you can do is hire a lawyer (or you may be able to get a court appointed lawyer if you do not have the funds for a lawyer) and see if the lawyer can get the DA and police to back off on the higher charges of carnal knowledge to a lower charge of sexual intercourse with a minor because of the fact that you are engaged to marry her. If the mother or father has no rights over her any longer then she would be a ward of the state and you would have to ask a family court judge for permission to marry her.

Legalease :

I wish I could give you some easier or more positive news than this but 14 is very young in the eyes of the law even if she consents and even under these circumstances

Customer: Well her dad still have rights over her and also they was telling me since I never been in trouble with the law before and my record is clean he was saying most likely I would get six months probation but if I'm convicted now that's a different story
Legalease :

You can check surrounding states to see if you can marry her at that age with parental consent (I believe that in Mississippi and Alabama you can marry at that age with parental consent or a judges consent). You would have to have a lawyer handle the details so it is done correctly and you can return to VA to live -- you should keep this in mind as an option and right now talk to a lawyer about these criminal charges and trying to do something to get around them.

Legalease :

I hope that helps

Legalease :

I wish I had better news, as I said

Legalease :

MARY

Customer: Also what if my sister gets right over her because right now she's in social service and they looking for a safe home she can go to
Customer: And she might be pregnant I don't know yet
Legalease :

That will not matter -- she will still need to have a judge give permission to marry and if she is pregnant they will probably grant permission to marry -- that is the ONLY way it can happen in VA

Legalease :

I have to step away but will answer any additional questions when I return. MARY

Legalease :

Unless you have no further questions right now

Legalease :

MARY

Customer: Ok and doesn't make a difference if I'm from Maryland and she want be 15 until November 6 of this year
Customer: Well how would I know when you come back
Legalease :

Hello there -- I am back now and I apologize -- I had an emergency (my daughter split her head on the pool and I had to run over to the local hospital).

Legalease :

If she lives in Virginia and that state is her primary residence, then it does not make any difference if your primary residence is in Maryland -- the law where the female lives is the law that is applicable to the case.

Legalease :

Finally, if she were 15 it still would not matter -- in virginia, the age of consent is 16 years old -- meaning that she is not capable of consenting to sexual relations according to the law until she is 16 years old. The only way you can get around this is if she gets pregnant and then you can seek permission from a court or her parents to marry her. Once you are married, the state can no longer prosecute you for this.

Customer: I'm sorry to here that and ok so if I'm told by the court no contact with her or I will go back to jail would it be wrong for me to talk to her social worker just see if she's ok an see how she feels
Legalease :

If her social worker is willing to talk to you then there are no legal problems with that at all. But, if you are ordered not to contact her at all and you break that rule, they may put you right in jail for violating such an order (if they give you probation and basically give you a "break" because of the circumstances and you do not have to go to jail then they may order that sentence be suspended -- and then if you try to contact her you may end up in jail).

Customer: Like we still are engaged and I know it looks bad but I really do care and love her
Legalease :

If you really care about this girl, and it seems like you do, then the best thing you can do is step back for the next year and a half and try to stay away so that you are not breaking the law and then when she is 16 you can approach her at that point to begin a relationship under Virginia laws

Legalease :

It will not do her any good if you are sitting in jail for the next 10 years and she needs to understand that also.

Legalease :

You are better off trying to pull together a life for the two of you for the time when she is ready to be engaged and to be with you and the law cannot do anything about it.

Customer: So basically I need to leave her alone and don't check up on her? It's just I don't want her to think I abandon her because I don't think they are telling her everything all I want to makes sure she's ok and also there's no way around this since they have my signature stating that her story is true I don't see how I'm not convicted already
Legalease :

You probably are convicted already but if there is a chance that they do not send you to jail and they give you probation then if you violate the probation you can be ordered to go to jail if you break the rules and do not stay away from her as the court will require

Legalease :

It is probably okay to check up on her by asking her social worker and officers of the court if she is okay but if you start trying to make contact with her again before she turns 16 you are not doing yourself any favors and the DA and Judge could order you to jail -- even if you did not receive a jail sentence at first and only received probation. When a person is released on probation it means that they are still under the watchful eye of the probation department . the court can revoke that probation and send the person to jail at anytime if you are found violating an order to stay away from her until she is at least 16 years old.

Legalease :

There isn't a lot more that I can tell you here -- I told you what the law is in the state of Virginia and how to avoid additional problems until she reaches 16 years of age. Whether or not you abide by that will be up to you and your friend.

Legalease :

I notice that you left a poor service rating earlier and I ask that you please change that to at least an "OK" rating (the middle smile face ) so that I will be paid for my time.

Customer: Well they were saying that if I take the one charge and stay away most likely they will give me probation but what I don't understand is if I signed and gave them what they wanted I don't see how they want convict me or less that would be the plea deal
Legalease :

Even though you signed regarding what happened they can still offer you a plea deal so that you will not go to jail and part of that plea deal will probably be to stay away from her until she is at least 16. The DA and police can do what they want in any situation and that is probably what they will do here.

Customer: Ok I hope so I just don't want to become a register sex offended but its crazy how I get painted as a monster and like I look for little kids and all what happen was been good to her and love her but I actually purpose to her and she said yes and I told her I willing to 4yrs but telling me not to text her is like don't breath because she is my air and vice versa but I can see how allot of people look at this and I understand but like her farther can just beat her almost to death but he can still see here that's ludicrous but maybe I'm just stupid for loving her
Customer: I will change the rate
Legalease :

No one is ever stupid when it comes to love. You simply have to put yours on hold for a bit and then you should be fine. Nest of Luck with this. MARY

Legalease :

Best of Luck and I would appreciate it if you would change the rating and state that you have changed the rating to OK or GOOD or Excellent service so that customer service will properly credit it to me THANKS

Customer: Well it seems that way how everybody is acting but thank you
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14504
Experience: 15 years exp all aspects of general law
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