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Its been 6 mnths since the act....can we still convict him for sexual assault this late even though she says she was willing?

San Antonio, TX |

A 25 yr old had sex with my 16 yr old at the time. we never reported it & we have no evidence of it happening and my 16 yr old was saying" We're in love"... now 17 she says she wants to be with him because of ''Texas legal age of consent''. we've known him for 3 years and hes a good helpful guy, we never expected this to happen. but what he and she did is wrong. now i dont know what to do or what is gonna happen. we need answers please..

Attorney Answers 4

Posted

Well, you can't convict him of anything. You can file a police report. It will be a difficult case for the State to make if they both deny any sexual activity before she turned 17 and there is no independent evidence of it. Please be aware that if you file a report and he gets charged with this offense, it is the kind of offense that will ruin the rest of his life.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Asker

Posted

he never showed signs of misconduct or gave the impression that he could do such a thing...he was my friend and i dont know what to do, i dnt want to send another young man to prison, if my daughter is the one manipulating and seduceing these guys. this is the second time this happens...

Posted

Ms. Jaggers is absolutely correct. You can only file a police report and accusations like this will ruin a person's life.

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Posted

Those who are aware of crimes are at liberty to report that to the authorities. Sometimes they are obligated to do so under the law.

However, whether a person who is nominated for the role of defendant will be convicted depends on the strength of the evidence.

Whether the case even goes forward depends on the decisions of the prosecutor and if he or she decides to present the case to the grand jury, then the choice of the grand jury whether to issue an indictment.

More to the point, your daughter is still a child at 17. You get to say who she associates with.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

You should have put an end to this a long time ago. What did you think was going to happen by letting your 16 year old daughter date a 25 year old man? It seems like you would have been ok with everything had they waited 6 months, but now you want to ruin the rest of his life. This is not really a legal question

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

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4 comments

Asker

Posted

they were not dating, he was helping me run my business and my i guess my daughter had an interest in him...this isnt the first time its happened either...just the year before we had the same problem but we had dna and we convicted him.....and now this.

Carmine John Giardino

Carmine John Giardino

Posted

You convicted the same guy or a different guy?

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Perhaps an evaluation by a clinical social worker or counselor who specializes in counseling folks wrapped up in this sort of situation would be in order.

Carmine John Giardino

Carmine John Giardino

Posted

I couldn't agree with you more Evan!

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