She claims to not remember anything. What can he be charged with ?
Criminal Defense Attorney
He can be charged with many crimes. Her lying about her age may not be a defense.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Federal Crime Lawyer
He can be charged with statutory rape because age of consent is 16. However, there is a defense if age difference is less than 5 years if the lack of consent is due only to age. Here, lack of consent is also due to her incapacity from alcohol. That could eliminate any defense and lead to an actual rape charge. This situation is serious and her lie about her age is irrelevant.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
Criminal Defense Attorney
In Ky this is a crime. The age of consent is 16, a 15 year old CANNOT LEGALLY CONSENT TO SEXUAL INTERCOURSE in this state. The Kentucky Statute is below:
§ 510.060. Rape in the third degree.
Kentucky Revised Statutes
Title 50. KENTUCKY PENAL CODE
Chapter 510. SEXUAL OFFE
Current through 2011 Legislative Session
§ 510.060. Rape in the third degree
(1) A person is guilty of rape in the third degree when:
(a) He engages in sexual intercourse with another person who is incapable of consent because he or she is mentally retarded;
(b) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than sixteen (16) years old;
(c) Being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than eighteen (18) years old and for whom he or she provides a foster family home as defined in KRS 600.020;
(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she engages in sexual intercourse with a minor under sixteen (16) years old with whom he or she comes into contact as a result of that position; or
(e) Being a jailer, or an employee, contractor, vendor, or volunteer of the Department of Corrections, Department of Juvenile Justice, or a detention facility as defined in KRS 520.010, or of an entity under contract with either department or a detention facility for the custody, supervision, evaluation, or treatment of offenders, he or she subjects a person who he or she knows is incarcerated, supervised, evaluated, or treated by the Department of Corrections, Department of Juvenile Justice, detention facility, or contracting entity, to sexual intercourse.
(2) Rape in the third degree is a Class D felony.
History. Effective: July 15, 2010
Amended 2010, Ky. Acts ch. 26, sec. 1, effective July 15, 2010. -- Amended 2006, Ky. Acts ch. 182, sec. 31, effective July 12, 2006. -- Amended 2002, Ky. Acts ch. 259, sec. 7, effective July 15, 2002; and ch. 282, sec. 1, effective July 15, 2002. --Amended 1988 Ky. Acts ch. 283, sec. 12, effective July 15, 1988. -- Created 1974 Ky. Acts ch. 406, sec. 86, effective January 1, 1975.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..