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Case 2: Sex Offense-Statutory Rape PDF Print E-mail
Statutory Rape is one of the toughest charges to defend against because it is one of the few criminal offenses with strict liability. Strict liability means even if a girl/boy tells the other person that they are of age you are still guilty of this offense if they are actually under the age of 16. My client was actually a girl and charged with having sex with a boy under the age of 16. My client was a waitress and when she got home there was a party in her apartment. She started playing drinking games and got extremely drunk to the point she was sick. She went to her room where her friend’s younger brother, who was also drinking, came into her room. She didn’t recall much of anything other than the boy taking off her clothes and she told officers that she thought they had sex.

Prior to trial, I had been negotiating with the prosecutor extensively. Our defense at trial was that my client didn’t consent and she was too drunk to consent. In other words, the drunken teenager raped her, which would relieve her of any criminal liability. Right before trial I got the prosecutor to dead docket the case and not go forward. My client walked away without ever having to face a trial, possible prison time and having to register as a sex offender for the rest of her life.
 
Case 2: Sex Offense-Statutory Rape PDF Print E-mail
Statutory Rape is one of the toughest charges to defend against because it is one of the few criminal offenses with strict liability. Strict liability means even if a girl/boy tells the other person that they are of age you are still guilty of this offense if they are actually under the age of 16. My client was actually a girl and charged with having sex with a boy under the age of 16. My client was a waitress and when she got home there was a party in her apartment. She started playing drinking games and got extremely drunk to the point she was sick. She went to her room where her friend’s younger brother, who was also drinking, came into her room. She didn’t recall much of anything other than the boy taking off her clothes and she told officers that she thought they had sex.

Prior to trial, I had been negotiating with the prosecutor extensively. Our defense at trial was that my client didn’t consent and she was too drunk to consent. In other words, the drunken teenager raped her, which would relieve her of any criminal liability. Right before trial I got the prosecutor to dead docket the case and not go forward. My client walked away without ever having to face a trial, possible prison time and having to register as a sex offender for the rest of her life.