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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13895
Experience:  Experienced in multiple areas of the law.
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My grandson is being accused (not charged yet but it's under

Customer Question

My grandson is being accused (not charged yet but it's under investigation by police) of 1. having sex while underage (he was 15 at the time) and 2. forcing his girlfriend to have sex with him. (She was 13 at the time.) Mother and father of accused are divorced. Father says let the son figure it out himself. He needs to fight his own battles. Mother says he needs a lawyer and her son should not talk to an officer without one. What do you say? (Children did have sex....but it was consentual and definitely not forced. Ex-girlfriend felt jilted and it's assumed that is why she is alleging this.)
Submitted: 2 years ago.
Category: Criminal Law
Expert:  RobertJDFL replied 2 years ago.

Thank you for using Just Answer. I look forward to assisting you.

I 100% agree with the mother. Any time a person is suspected of criminal activity and is being investigated, they should not do anything with the advice of an attorney. He is not obligated to speak to the police -just so you know - and generally, doing so will not help him. Many times, people feel that they can explain the circumstances, but the police are not looking for explanations -they are looking to make arrests. If he wishes to speak to the police, he should only do so after consultation with an attorney and only with a lawyer present. Furthermore, he is 15, and likely scared out of his mind. Most adults wouldn't know how to "figure it out", much less a child.

Note that either party can be charged with sexual assault of a child (forced or not), though typically minors having sex don't come to the attention of the police unless something like this happens -where one feels slighted or jilted and a parent contacts the authorities. Though it is unfair the older of the two is more likely to get in trouble. A conviction can result in jail time, fine, and being placed on a sex offender registry. In other words, there are serious, lifelong, life-altering ramifications at stake. I don't tell you this to scare you, but just so you have a clear picture of what you are looking at.

Most criminal defense attorneys offer a free consultation, so he (and his parents) might be able to get some peace of mind speaking to someone who can get a bigger picture and ask the right questions.

If you need clarification or additional information, please REPLY, and I'll be happy to assist you.