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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I just turned 18, and i had consentual sex with who i thought

Resolved Question:

I just turned 18, and i had consentual sex with who i thought was a 16 year old, but i think that they lied and now i'm wondering if i can be charged with rape if they lied about their age?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.
<p>Hello.</p><p> </p><p>What state are you located in? </p>
Customer: replied 8 years ago.
Blackfoot
Customer: replied 8 years ago.
I really need to know, because i went to see them, and someone told their family, and now they want my head.
Expert:  Hammer O'Justice replied 8 years ago.
Thanks. Unfortunately, it is possible that you could be charged with statutory rape. Statutory rape is what is called a "strict liability" crime, meaning that it doesn't matter what your belief as to her age or your intent was. If it comes to pass that you end up getting charged, please hire a lawyer ASAP. If you can't afford a lawyer, ask the court to appoint you one or sign up for the public defender's services. Good luck.
Customer: replied 8 years ago.
any other advice?
Customer: replied 8 years ago.
oh and would i get more than the 15 years if i was on the S.O. registary in my state?
Customer: replied 8 years ago.
I looked up the legal consent age and it said it was 14 in idaho if the other party wasn't more than 5 years older.
Customer: replied 8 years ago.
BUT THEY LIED, SO HOW IS THAT MY FAULT??
Expert:  Hammer O'Justice replied 8 years ago.
I don't know where you looked it up but here is the actual statute, and it says that it is rape if the person is under 18 years of age: http://www.legislature.idaho.gov/idstat/Title18/T18CH61SECT18-6101.htm
Customer: replied 8 years ago.
but they lied!!!
Customer: replied 8 years ago.
what about statutory rape?
Customer: replied 8 years ago.
is there a difference?
Expert:  Hammer O'Justice replied 8 years ago.
It doesn't matter. As I said above, the statute doesn't provide an exemption for people lying about their age. It might mitigate your punishment if the judge is aware that she lied, but it isn't a factor as far as guilt or innocence goes, unfortunately.
Customer: replied 8 years ago.
What if she testifies that she lied, will that drop the charges?
Expert:  Hammer O'Justice replied 8 years ago.
Idaho doesn't distinguish between statutory rape and other kinds of rape, but they are generally sentenced differently.
Expert:  Hammer O'Justice replied 8 years ago.
No, because you are still guilty under the law regardless of whether she lied or not.
Customer: replied 8 years ago.
Is there any way out of it, escaping that is, from a legal standpoint?
Customer: replied 8 years ago.
can i fight it? and whith what?
Customer: replied 8 years ago.
what if they dont press charges?
Customer: replied 8 years ago.
they only have a suspicion, though, and they o nly know my name
Expert:  Hammer O'Justice replied 8 years ago.
If they don't press charges, then nothing will happen.

The only way you can beat the charge if they do press charges is if they can't prove the sexual conduct ever happened. However, if the girl testifies that it did and she is underage, then the case will be made against you.
Customer: replied 8 years ago.
can i settle this out of court?
Customer: replied 8 years ago.
i think they scared her by telling her i said somthing and she hinted somthing happened, but i know she wouldn't tell anyone,cause she's on probation, and she wasn't even supposto be at that party.
Expert:  Hammer O'Justice replied 8 years ago.
No, you can't settle a criminal case out of court if the charges are filed.
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