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hi,If a person is present while a crime is being committed,

does nothing to help and...
hi,If a person is present while a crime is being committed, does nothing to help and actually helps the perp gain entry to the home of a mentally challenged girl who's mom is paralyzed ,by the way, and watched up to 6 men rape and beat the girl and her 14 yr old brother repeatedly for about 6 or 7 months,what could they be charged with and how much time would they get if charged?
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Answered in 11 minutes by:
8/1/2013
Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,366
Experience: Experienced Criminal Trial Attorney since 1998.
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Welcome to JustAnswer.

Just being present when a crime is committed and not trying to prevent it is not a crime. However, if a person aids in committing the crime by as you said "helps the perp gain entry ..." then they could be considered a principle to the crime and charged with the exact same crimes as the men who actually perpetrated those horrific acts. If there is evidence the person beforehand agreed to do this with the other men, there could also be a conspiracy charge.

I cannot predict how much time the person would ultimately get. Those are very serious crimes and I would expect a significant prison sentence. Two caveats, however:

(1) the prosecution would have to show that the person helped the people gain entry knowing that they were going to commit criminal acts. This may be done by surrounding circumstances or admissions. If the person had no idea what was going to happen, then they did not commit a crime.

(2) Oftentimes the least culpable involved are offered some leniency to testify against the other more culpable defendants. There are many factors that the prosecutor will factor into making this decision. Not the least of which is how strong is the case on the other six men without the testimony of a co-defendant.
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Customer reply replied 4 years ago

 


This woman was paid, to stay in my home, 8 hrs a day ,7 days a week by a Healthcare agency which is hired by Medicaid.

Ok, thank you for the additional information. It does not change my answer. She may have a moral duty to try to intervene, but she would not have a legal obligation to do so unless she allowed them entry knowing what they intended.
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