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Could a child be convicted of statutory rape?

Jonesboro, LA |

Is it even possible under state/federal law? What kind of attorneys would be most useful?

Attorney Answers 3

Posted

If you are referring to a 17 year old as a child, then yes a 17 year old can be convicted of carnal knowledge of a juvenile in Louisiana.

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2 comments

Asker

Posted

16 year old and 16 year old.

Robert Martin Louque Jr.

Robert Martin Louque Jr.

Posted

That's not carnal knowledge. It may be something else is she's saying it wasn't consensual but it's not carnal knowledge.

Posted

Carnal knowledge of a juvenile (Louisiana Revised Statutes 14:80 and 14:80.1) requires that the offender be seventeen years of age or older. It pertains when the victim is aged 13 to 17 and there is an age difference of two years or more (misdemeanor) or four years or more (felony). If the victim is under the age of 13, La. R.S. 14:42 (aggravated rape) applies. If someone is facing one of these charges, they should consult a criminal defense lawyer.

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2 comments

Asker

Posted

So a juvenile under 17 could not be charged with either carnal knowledge of a juvenile nor aggravated rape, correct?

Ronald E. Stutes

Ronald E. Stutes

Posted

Your question was specifically related to "statutory rape," which specifically refers to cases involving juveniles who "consent" to the act. If the offender is under 17, the carnal knowledge statutes would not apply, but he can be charged with any offense, including aggravated rape, for which the requirements are met. Jurisdiction may be in the juvenile court. Go to the Louisiana Legislature website (http://www.legis.la.gov) and search for Children's Code Article 305.

Posted

A criminal lawyer.

Don't forget to check "Helpful" if I helped you out. This response is not intended to create an attorney client relationship and is based on the limited information available at the time of the response. Before acting on anything stated or referenced in this response you should consult with an attorney of your choosing and go over the specific details of your legal circumstances. My responses are also given in the context of the laws of the State of Louisiana. To the extent this comment involves principles of law governed by another state my comment merely reflects my opinion and should not be considered legal advice.

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