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Thread: Age of a minor in SC??

  1. #1
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    Default Age of a minor in SC??

    My 14 yr old daughter recently snuck out of my x-wifes house and had sex with a 17 year old boy it was consensual. Did he break any laws? What are my options. THANKS.

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    Quote Originally Posted by jpinsc034
    Did he break any laws?
    Yes. You can start with 'committing a lewd act upon a child' and go from there.

    Quote Originally Posted by jpinsc034
    What are my options.
    Call the police and report it.

  3. #3
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    Actually if your daughter is 14 and the guy she was with was 17 it would be a shady area because age of consent in SC is 14, as a matter of fact if you wanted to you could force the boy to marry your daughter because that law is still on record just not practiced. Also in SC the 17 year old would be considered a minor if your daughter says she consented to it. He could be tried for statutory rape but unless you can get your daughter on a stand and testify that she had sex with him it will be hard to prove. Before anyone says she can be compelled to testify, have you ever heard of standing mute, or better yet the 5th amendment. By testifying that she had sex with him she would be incriminating herself. What she did falls under juvenile delinquincy because as you said she snuck out of the house in order to do it, they had to be somewhere and if she was in his house and he lives with his parents and they didn't know she was there that's trespassing, if they werer parked somewhere that's also trespass or loitering depending on where they park. Your best bet is to just talk to your daughter and the boy's parents about the situation. Things like this are best handled outside of court because people don't realize what else goes along with something like this. For starters your daughter would be placed in a foster home until the family court decides if she should live with you and you ex will be charged with contributing to the deliquency of a minor and child neglect because she was unaware that her daughter wasn't in the house when she should have been. Legally you can have him arrested for statutory rape but you have to ask yourself is it really worth it to put my child through this when I am fully capable of handling it my self. And with statutory rape cases unless there is another witness to the act it becomes a matter of proving it actually happened without breaking any laws or violating your daughter's rights that are provided to here through the Constitution, and I know it sucks but she got them the day she was born and any lawyer will tell you that a defense attorney will turn a jury against your daughter the moment she is on the stand and has to explain why she wasn't charged for her part in the crime. In order to get a conviction for him you may also get a conviction for your daughter for her part. You have to remember that it's not just statutiry rape the boy will be charged with. There are several underlying charges that go along with that and a defense attorney worth his salt will make sure your daughter is charged as well. Trust me ground your daughter talk to the boy's parents and him and work it out amongst yourselves. This situation is not worth destroying both of their lives. And after living in SC for almost 20 years with the way our laws are written and practiced, yeah you would wind up making it close to impossible for either of them to get ahead in life all because they decided to make a grown up decision.

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    Quote Originally Posted by lawyergirl1
    age of consent in SC is 14
    No, itís not.


    SECTION 16-15-140. Committing or attempting lewd act upon child under sixteen.
    It is unlawful for a person over the age of fourteen years to wilfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child.
    A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than fifteen years, or both.



    Quote Originally Posted by lawyergirl1
    as a matter of fact if you wanted to you could force the boy to marry your daughter because that law is still on record just not practiced
    Really? Quote the law. I'd be very interested in seeing it.

    Quote Originally Posted by lawyergirl1
    Also in SC the 17 year old would be considered a minor if your daughter says she consented to it
    A 17-year-old certainly can be charged as an adult for any crime.

    Quote Originally Posted by lawyergirl1
    For starters your daughter would be placed in a foster home until the family court decides if she should live with you and you ex will be charged with contributing to the deliquency of a minor and child neglect because she was unaware that her daughter wasn't in the house when she should have been
    Oh, my God. Obviously, you donít have a clue what youíre talking about. Children are not removed from their home and placed in foster care merely because they managed to sneak out of the house in the middle of the night.


    And Iím not even going to respond to the rest of this rambling nonsense.

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    No you obviously don't live in SC. Either way it doesn't matter b/c until they change the law which they have not yet your daughter has reached the age of consent for SC so legally there is nothing you can do even if the law were to change today to 16 b/c in SC you can't charge someone for something if it was not the law at the time of the act. Second, in SC lewd acts is not the law. The law that would apply to this situation would be Criminal Sexual Misconduct with a minor and depending on the age of the child at the time of the act determines the degree. If your daughter were 13 it would be Sexual misconduct with a minor age 11-14 with 14 actually meaning 13years and 364 days. So at this time the 17 year old didn't break any law because your daughter is at the current age of consent, however, the law, and you will have to do some research on this because it is one of those black laws, does state that if there is issue from the coupling(issue in this instance means a child) you can force the boy to marry your daughter. For those that don't know what a black law in SC is: A law that is still on record and still effective but due to lack of enforcement it is not widely known or it was written during a time where this was common practice and it has not been changed. For the gentleman in this case this law is just like the one that says it is illegal in the state of SC for a black person to be in a relationship with a white person or a husband is legally allowed to beat his wife on the courthouse stairs only on a Sunday and only with a stick that is no thicker than his thumb. The only other way you could have the boy charged with sexual misconduct is if your daughter has a mental handicap and was unable to consent. Meaning you would need to prove that at the time of the act your daughter was considered mentally retarded according to SC's definition of mental retardation. If you want to scare your daughter you can have her charged with juvenile delinquincy for sneaking out of the house when she was supposed to be in it or the boys parents can have her charged with trespassing if the act took place in their home and they were unaware that she was there. Either way the boy in question didn't break a law b/c of your daughter's age.

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    Here's the law regarding consent:

    SECTION 1. The amendment to Section 33, Article III of the Constitution of South Carolina, 1895, prepared under the terms of joint resolution 444 of 1998, having been submitted to the qualified electors at the general election of 1998 as prescribed in Section 1, Article XVI of the Constitution of South Carolina, 1895, and a favorable vote having been received on the amendment, is ratified and declared to be a part of the Constitution so that Section 33 of Article III is amended to read:

    "Section 33. No unmarried woman shall legally consent to sexual intercourse who shall not have attained the age of fourteen years."

    Ratified the 16th day of February, 1999.

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    I know what the SC Constitution states, just as I know what the SC Code of Laws states. It causes much confusion because they basically disagree with each other. But the bottom line is if a person has sex with someone under the age of 16 in SC--even if itís consensualóthey can face criminal charges for it. Therefore, the age of sexual consent in SC is not actually 14.

    The law that would apply here would be 'committing a lewd act upon a child under sixteen'. Yes, this is considered a lewd act. And I even quoted the law for you.

    OP, talk to an attorney or talk to the police and they will tell you same thing that I have.
    Last edited by pty; 03-22-2006 at 09:21 AM.

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    By the way, Iím not so sure that 'criminal sexual conduct with a minor' would not apply as well

    A person is guilty of criminal sexual conduct in the second degree if the actor engages in sexual battery with a victim who is fourteen years of age or less but who is at least eleven years of age.

    And: "Sexual battery" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of another person's body, except when such intrusion is accomplished for medically recognized treatment or diagnostic purposes.

    Does that state the victim must be UNDER 14? No, it does not. It states '14 or less'. A person is 14 until the day that they turn 15.

    Again, OP, consult with an actual attorney or the police.

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    As I said before, in SC there is no lewd acts law, lewd acts is defined under the Criminal sexual misconduct w/a minor law. It is not a seperate law it part of the CSM law. Second, I would think that the constitution in SC would over rule the Code of Laws just as the US constitution can be used to over rule a court decision if it is deemed against what the constitution states in this instance the constitution states that the age of consent is 14, either way it doesn't matter, if you want to know for sure what you can do legally the best thing for you to do is contact an attorney who can tell you how the law will apply in this situation and what repercussions if any you and your family and the boy in question and his family will suffer. Me personally, if he's 17, I'd go to his parents and ask to be allowed to punish the boy b/c he should have known better and it should not have been allowed to happen. Then again, I'm wondering where were all of the parents? At 14 my mom was still checking my room every two hours to make sure I was where I was supposed to be b/c it's not just sex parents have to worry about nowadays, they have to worry about whether or not there kid is going to even make home from school.

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    Quote Originally Posted by lawyergirl1
    in SC there is no lewd acts law
    And, yet, I quoted the law for you.

    I'm not going to waste my time on this any more.

    OP, lawyergirl doesn't know what she's talking about. Talk to the police or an attorney, and you will find that the information I have given you is correct.

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    Apparently I haven't made myself clear, Lewd acts is covered under Criminal sexual misconduct. Let me clarify this so as not to cause any more confusion. In SC Lewd act is called Criminal sexual Miconduct, Murder is called Manslaughter. It's called something different here that's all I'm trying to say. If the Solicitor (District Attorney in some states) files in this case he would charge Criminal Sexual Misconduct with a Minor b/c that is what it is called here.

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    Murder is not called manslaughter. Manslaughter is a completely seperate degree of homicide. Murder by definition is classified under homicide, and then decided by the prosecution to what degree for purposes of charges and trial.

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    Quote Originally Posted by lawyergirl1
    Apparently I haven't made myself clear, Lewd acts is covered under Criminal sexual misconduct. Let me clarify this so as not to cause any more confusion. In SC Lewd act is called Criminal sexual Miconduct, Murder is called Manslaughter. It's called something different here that's all I'm trying to say. If the Solicitor (District Attorney in some states) files in this case he would charge Criminal Sexual Misconduct with a Minor b/c that is what it is called here.

    <very big sigh> Man, I try to get out, and you just drag me back in. I'm quoting SC LAW (SC Code of Law, title 16, chapter 15, offenses against morality and decency). You're like a dog with a bone, despite the fact that you are WRONG. Go back to class and study some more.
    Last edited by pty; 03-22-2006 at 01:47 PM.

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    Quote Originally Posted by mommyof4
    Murder is not called manslaughter. Manslaughter is a completely seperate degree of homicide. Murder by definition is classified under homicide, and then decided by the prosecution to what degree for purposes of charges and trial.
    You're right. Murder and manslaughter are two different things. Even in SC!

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    See what you can learn from watching cheesy cop shows??? Just kidding, I have always been fascinated with criminal law.

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    Like I said it is just what it is called in South Carolina. It's the same thing same meaning just a different name in South Carolina. Like some people have different names for there grandparents instead of calling them grandma and grandpa some call them MeeMaw(never got that one) or in my family Grannis and Oompa, same meaning just a different word. That's all I'm saying it gets the same jail time like murder but we call it something different. That's why we have Voluntary and Involuntary Manslaughter. Voluntary is CALLED Murder in other places and Involuntary is CALLED manslaughter in other places. Now do you understand, I'm not disagreeing with you as far as the definition for the crime is concerned, just that we call it something different here.

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    I'm not going to try to argue with you anymore about this, because frankly, it's pointless. Good luck in school.

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    Default Just go to the Solicitor's Office

    To the gentleman who started the thread, go to your local Solicitor's office (District Attorney) tell them what happened b/c in the end they have prosecutorial discretion and they will decide how they want to proceed with the case or if there is a case b/c he/she has a choice as to follow the SC Law Code or the Constitution if there are conflicting laws. PTY is correct in the SC Law code that states age of consent is 16 but if your local Solicitor follows the SC Constitution it states age of consent is 14. Either way it will be up to the Solicitor for your locality whether to try the case in criminal court or not.
    Last edited by lawyergirl1; 03-22-2006 at 03:08 PM.

  19. #19
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    Quote Originally Posted by jpinsc034 View Post
    My 14 yr old daughter recently snuck out of my x-wifes house and had sex with a 17 year old boy it was consensual. Did he break any laws? What are my options. THANKS.
    Lawyergirl is exactly right

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    Whether she is or not, this thread is eleven years old and I'm sure the situation has been resolved by now.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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