Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for your question. If the person was a juvenile, they are considered incapable of consent under the law. If the person was mental incapacitated, that will be considered an aggravating factor.
There is, however, a high likelihood that your daughter will be able to plead to a lesser charge. If she doesn't have any prior sex crime or violent crime convictions, she will probably only be facing minor jail (not prison) time, supervised release (probation) and sex offender registration.
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