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Anonymous
Anonymous asked in Family & RelationshipsMarriage & Divorce · 1 decade ago

Sex offender laws ridiculous?!?

Wrong section I know, but no one was answering in the right section -- and this does have to do in a way with families because I want to hear married people's points of view -- especially with teenage/young adult children. (By the way, I am married and have children, but they are young.)

Hear me out before you flip.

My younger brother is 20 years old. Hanging out with his friends last year, he met a 17 year old girl who he found very attractive. In front of everyone the two of them laughed, flirted, and were VERY interested in one another. They made plans in front of their friends to meet back at her house later and have sex with one another.

They followed through with those plans. Twice. Six months later my brother gets a knock on his door from the police who are picking him up for some questioning. Apparently she was chatting on the internet with her friends about how she slept with my brother (Bragging about it! And also talking about 3 other people she slept with!) and her sister saw it. Sister told the parents, parents called the cops. Anyway, he proceeds to get battered with "Do you realize you had sex with a 15 year old girl?!" Legal consenting age in my state is 16 -- so if she were 17 all was fair by law, but since she's 15 he's considered a rapist.

EVERYONE heard her tell my brother she was 17. They all believed she was 17 because she was dressed in a low cut top, had on lots of makeup and a short skirt -- they have picutres from that day to prove it.

My brother is now facing 3-7 years in prison FOR EACH TIME THEY HAD SEX -- meaning he is facing a sentence of 6-14 years for having consesual sex with a lying little tramp. For the rest of his life, my brother will have to register as a sex offender. He will be known as a pervert, and someone who likes to fool around with little kids.

Can someone please explain to me how this is fair? Please. Personally, I'm having trouble with the law the way it stands. I understand the law is in place for a reason, but surely in cases like these exceptions can be made? We have been told no.

Update:

Quasi -- it's unfortunate, but actually he WILL end up in jail, it's a felony.

His only chance to not end up in prison is if they can get it dropped to a midemeanor which they are trying to plea bargain for now. They are optomistic because they have proof she lied about her age, and also proof she sleeps around. If it can be dropped to a misdemeanor he will spend 1 year in jail max, but most likely just have a strict probation. If they keep a felony, it's mandatory jail time and mandatory registering as a sex offender, and he has to take sex offender classes, too. Ugh.

Update 2:

To those of you who asked yes -- my brother's lawyer hired a PI and he is admissable in court. He has interviews with many of this girl's friends, and my brother's friends as well stating they heard her admit she was 17. Also, they will testify in court.

And those of you criticizing him for having sex with a girl he just met -- yes, stupid, but doesn't deserve jail time for it. And don't get all high and mighty -- most 20 year old guys sleep with people they just met. It's called a 1 night stand, don't act like you never had one, lol.

Update 3:

And to clarify one other thing for everyone -- my brother's friends are mostly 17. He graduated a little late due to a learning disability.

He actually has an IEP which they also intend to show in court, because he's a little slow and kind of has the mindset of a 17 year old person, which is why he hangs out with people that age. He always has, which they also intend to show as evidence in court. ALL his friends are that age.

31 Answers

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  • 1 decade ago
    Favorite Answer

    One...unless he has some previous court stuff under his belt he won't be doing prison time. I have to agree.....if she lied and it can be proven then he shouldn't end up on the list.

    The problem is that the courts don't recognize minors as having the maturity to make a decision regarding themselves and engaging in sexual intercourse. Go figure. Most 13 year olds knew more than I ever did when it came to sex when i was that age. Hell...they probably know more than me now and I'm 51.

    But yeah...i agree. it's unfair. In my state they're taking steps to address this problem. most sex offenders on the list are true offenders. Little by little they're keeping ones like your brother off the list with a stern warning to keep it in your pants and watch your step.

    my advice to your brother is tell him not to dip his wick into anything unless he's 100% sure of the age of the babe he's going to lay pipe with or start asking for a driver's license. As far as i know a 15 year old can't possess one of those yet.

  • 5 years ago

    If it helps, your brother's case isn't the first I heard of this happening. My best friend's cousin was arrested for sleeping with a girl (said she was 19) when she was 17 (age of consent is 18 here). He's in jail for some time. One of my cousins' neighbor had that happen to him twenty years ago. He's forever registered as a sex offender because she was 17 when she said she was 18. Is it wrong? Yes. Can an exception be made? No. Laws do not have exceptions Can the law be changed? Yes. Stir up interest among your town and state to have laws changed. Get a hold of local, state and maybe even federal politicians. If she blatantly lied and the sex was otherwise consensual, yes he should not be punished. Good luck to you in changing the law. I'll support you.

  • Jenn
    Lv 5
    1 decade ago

    If it helps, your brother's case isn't the first I heard of this happening. My best friend's cousin was arrested for sleeping with a girl (said she was 19) when she was 17 (age of consent is 18 here). He's in jail for some time. One of my cousins' neighbor had that happen to him twenty years ago. He's forever registered as a sex offender because she was 17 when she said she was 18.

    Is it wrong? Yes.

    Can an exception be made? No. Laws do not have exceptions

    Can the law be changed? Yes.

    Stir up interest among your town and state to have laws changed. Get a hold of local, state and maybe even federal politicians. If she blatantly lied and the sex was otherwise consensual, yes he should not be punished.

    Good luck to you in changing the law. I'll support you.

  • 1 decade ago

    Wouldn't there be some type of hearing where he can bring in the other people that heard her say she is 17? You would think since he has witnesses to her lying, your brother could use that in his defense. No, it's not right for a 20 y/o to have sex with a 15 y/o but when she lies about her age, what the h*ll is he to do? Do we ask for proof of age when we lay down with someone? I have seen many 15 y/o girls that look, act and pretend to be much older than what they are. Truly both sides should be looked at in cases like this.

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  • 1 decade ago

    I do agree with you, it does suck. This is the reason that parents need to talk to their children about sex at an age that they can understand the consequences. In Florida, from what I understand, If the girl is not a virgin and consented it is not considered raped. I was taught that rape is an act of anger and power not passion. I understand how frustrated you are. On the other side you must understand that even if you think she is a tramp that does not sway from the fact that she is still a child. As a Society we must defend our children even if they are not doing it themselves. I did plenty of things that I now regret when I was young (not anything like this girl thankfully). Girls like this usually don't have the attention they need at home so they look for it elsewhere. That girl is probably a victim of her parents ignorance. I truly am sorry that this has happened to your brother. I hope that the next time he will think with the head on his shoulders. For now, make sure you get the best lawyer in your means.

  • 1 decade ago

    I've always taken issue with that. In my State the age is 18 & I always thought it was ridiculous that an 18 yr old could have sex with a 17 yr old & be considered a sex offender. I do believe that there should be a different definition for those cases but that's just not how it is. I guess your brother learned a really hard lesson. Hopefully he can get support from those friends who were there & a good lawyer.

  • 1 decade ago

    The sex offender laws are there for a reason. Younger men and woman are more susceptible to sexual pressure from people who might be more sexually/emotionally mature. And, anyone can say that they didn't know the girl or boy was underage.

    Hopefully your brother really didn't know that she was 15. With any luck, that will stand up in court.

    The laws are fair. They are meant to protect and punish people who deserve to be punished. Your brother, being 20, should have known better than to sleep with a younger woman without checking to make sure she really was the age she said she was. Yes, I know you're upset because she allegedly lied, but still, regardless of whatever learning disability he has, he should have known better than to sleep with a younger woman without doing the research. Especially since he hangs out with teenagers.

    Hopefully he gets fair treatment in the courts.

  • 1 decade ago

    I can understand where you're upset, but why would he be having sex with someone he just met that night? And, I agree, that should not be grounds for him getting in that kinds of trouble! I think about the overcrowding of prisons, and I cannot see the sense in someone like that doing that much time! How about community service for someone like him?

    We have a person in the neighborhood who is a registered sex offender. It's a similar situation to your brother. I don't worry about him at all. The whole thing kind of waters down the reporting too much. I only think the public needs to be made aware of actual sex offenders who are like child rapists, etc

  • 1 decade ago

    If his defense presents proof -witnesses- who testify in court about hearing this girl lie about her age, your brother won't go to jail, but I'm sure he'll have to -at least- pay a fine, do community work, attend some type of sex offender classes, and will -sadly- have a record for the rest of his life. Laws are not always fair and not always valid.

  • 1 decade ago

    The same thing happened to my best friend's younger brother. The only difference is they have a child and are still together. The girl's father was furious when she came up pregnant and he has been in prison all of the 4 yr old's life. He is now 23. I happen to think the law is RIDICULOUS. Make sure you have a great attorney. This boy did not.

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