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Sex with a 14 yr old

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  • Sex with a 14 yr old

    I live in Wisconsin. There is a man I know that tried to adopt a 14 year old girl. Her Mom was in jail for killing her father. He was unable to adopt her. He got her pregnant instead. (When she was 14) She is now 18 and has two kids by him. He was 41 years old when he had sex with a fourteen year old. I called our authorities in our city and they say nothing can be done unless she presses charges. He is abusing her and she left him but is afraid to press charges. Is it not against the law to have sex and inpregnant a minor in Wisconsin?

  • #2
    Yes, it is against the law. In Wisconsin (under current law, although I’m not sure if it was different 4 years ago) it’s a sexual assault of a child (second degree sexual assault) which is punishable by up to 20 years in prison or a fine up to $10,000 or both. The statue of limitations states that prosecution for this crime has to commence before the victim reaches the age of 26 (unless that’s changed in the last few years).

    I’m not sure why they said she’d have to 'press charges'. It’s not the victim that presses charges, it’s the state. Maybe they said she’d have to file the report? But, I don’t know why that would be either, because anyone can report this. And in cases of statutory rape, it’s very often someone other than the victim that reports it.

    This would be an easy case to prove. All it would take would be a dna test on their child.

    I’m assuming you talked to a police officer? You could go back and talk to the chief of police about it. But, since they seem to want her to do it, maybe if you let her know this info (that it is a crime, he can still be prosecuted, and it would be easy to prove his guilt) you’ll be able to convince her to do it herself.

    One more thing, since you said he’s abusive and she’s left him, she really should inquire about getting some type of protective/restraining order against him. One of the most dangerous times for an abused woman is when she leaves.

    http://danenet.wicip.org/dcccrsa/saissues/chsalaws.html


    http://www.courts.state.wi.us/html/sc/01/01-1311.htm
    (WI supreme court case from 2003 which mentions the statue of limitation for this crime)

    My disclaimer--I AM NOT AN ATTORNEY

    Comment


    • #3
      If she has left him, then it is not really your business to get into. And as a practical matter, there is no criminal prosecution unless the victim is willing to testify against him in court, which she is not. So my advice to you is to let this go. If the woman needs referral to resources to help those who have been sexually abused, you can direct her to that, but otherwise you need to let this go.

      Comment


      • #4
        The age of consent varies from state to state. You can find out if a crime has actually been committed by checking the age of consent for Wis. The children's DNA and age will confirm the act of molestation. She should file a restraining order if she is afraid of him. In Ca. it is free if there is domestic violence, however, if there is none there is a fee. Also, if she doe not want to press molestation charges, she should at the least let him know her intentions if he continue to abuse and harass her. Also, let him know people have been notified of the situation and is in place to carry it out if something happens to her and she is unable to do so. She should talk to the authorities regarding this matter if she want the harassment to stop and before the staue of limitations run out for the offense.

        Comment


        • #5
          Originally posted by elklaw View Post
          If she has left him, then it is not really your business to get into. And as a practical matter, there is no criminal prosecution unless the victim is willing to testify against him in court, which she is not. So my advice to you is to let this go. If the woman needs referral to resources to help those who have been sexually abused, you can direct her to that, but otherwise you need to let this go.
          Nonsense! In this case, it's not an 18-yr-old needing to claim that when she was 14 a 41-yr-old abused her, and not wanting to testify... there's evidence. There are kids with his DNA that are too old for her to not have been a minor. She doesn't have to say a word.

          Comment


          • #6
            Well, it could be a little more difficult. If the guy's smart--and he's probably not--he would say Wisconsin is a hop-skip-and-jump from Canada, where the AOC is 14 (it will likely be 16 soon, though that wouldn't retroactively affect this case), and that that's where they did it. And if he's really smart, that will be where they did do it. Ideally, he'd have to prove he was in Canada. Possibly, prosecution would have to prove he wasn't. Depending on how that works, it could be easy or hard to convict. And that part of the law is not something I'm familiar with.

            Isn't the law interesting. Some ppl can get away with murder, while others can be jailed for 20 years for doing something that won't even be illegal the next year.

            (I refer to the 17-yr-old who was blown by a 15-yr-old, consensually, at a party, filmed it [like an idiot], and got jailed for pretty much forever, until the Supreme Court finally got ahold of it and said WTF? Pardoned! And thus, Romeo & Juliet laws were born.)

            --

            Caveat: While Canada's AOC in this case could come into play, I'm sure Wisconsin, like pretty much every state I know of, has a "removal of minor from the state" to help prevent that sort of thing. But whether the punishment for that is anywhere close to as severe as the Felony Child Molestation one, idk. Doubt it. But it's something, amirite? Can't hurt to try. I would def want to get this guy off the streets, from what I understand about the situation. He could use some extensive counseling.
            Last edited by jwalker1196; 01-02-2008, 01:05 PM.

            Comment


            • #7
              Did you realize that this thread died 2.5 years ago?
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment


              • #8
                Sincere apologies. No I did not. It popped up on the similar threads thing at the bottom, I assumed--new here--that those would be still relevant, not 3 years old. Someone should change that. Until then, I will review the dates before rampant commenting.

                edit: In fact, if a mod wanted to re-dead this, and delete my comments, I would not be offended. I'm not trying to up my post count. I'd delete them myself, but it appears I've been responded to, and I don't want to appear as if I'm unposting to "beat" the flames. I hate that on forums.
                Last edited by jwalker1196; 01-02-2008, 01:48 PM.

                Comment


                • #9
                  Originally posted by jwalker1196 View Post
                  Sincere apologies. No I did not. It popped up on the similar threads thing at the bottom, I assumed--new here--that those would be still relevant, not 3 years old. Someone should change that. Until then, I will review the dates before rampant commenting.

                  edit: In fact, if a mod wanted to re-dead this, and delete my comments, I would not be offended. I'm not trying to up my post count. I'd delete them myself, but it appears I've been responded to, and I don't want to appear as if I'm unposting to "beat" the flames. I hate that on forums.
                  No big deal. Everyone has done it. I just wanted to point it out.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    sick man is all I have to say.....

                    Comment


                    • #11
                      Duh!!! I just realized this was an old post...... Sorry everyone.......

                      Comment

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