If you are charged, the statute gives you a defense but for now, remain silent, do not speak any more about this matter online or anywhere else in public or in private except with an attorney. You should consult with a criminal defense attorney and be ready to hire one if charges are filed. which may never happen. Go back and read all previous answers, especially Wes Cowell's response.
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This is a very complicated matter. How can u prove she said she was 16? Anyone not under the influence hear her say so that has no record? Was there reason for u to think she wasn't 17? Did she get pg? These cases r often not prosecuted but do not speak to anyone about this matter except a lawyer. The statute of limitations is 3 years from the last date of sexual activity prior to her turning 17.
Will you get in trouble? Oh yes, if the police find out and present their evidence to the State's attorney. People do stupid things like this every day and often don't get charged, but if the girl, or her daddy, is irate, it could certainly happen. If someone is making noise about filing a complaint, you better see a lawyer right away. It should be a lawyer that handles domestic litigation and criminal cases, because this could be both. Whatever you do. don't say anything to anyone, including the girl, and especially not the police. I'm sure it doesn't do much good, but at least listen to my advice: stop messing around with girls this much younger than you. You could find yourself registering as a sexual offender if you keep this up.
It is my understanding that statutory rape is a what's called a strict liability crime. Meaning, if you have sex with an underage person and it is reported, your in big trouble. Their are very few, if any, defenses that you for strict liability cases. Do not talk about this with any one but your attorney. If fact, you should delete this post and re-post a hypothetical with the same fact.
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