I would like advice on who to go to about changing laws in my state, and or federally on 2nd degree sexual assault. My nephew, at the age of 18, had sex with a 14 year old girl. Her mother pressed charges and my nephew ended up at Varner prison at the age of 19. Now he is back in prison again for third time for failure to register with sex offender registry in state of Arkansas. I just don't think this crime should be in such high class of felony stature as it is and would like lawmakers to look at this law and my nephews age at time of offense. Also sex was consensual.
Your nephew was an adult when he had sex with a child. 14 year olds are not legally old enough to consent, especially ceoncerning sex with an adult. As far as trying to change the laws, you need to start by contacting your local legislator.
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As with any statute, if you do not believe the statute is right and just (as opposed to unconstitutional) your recourse is to lobby the legislature and convince them that the statute should be amended or repealed.
As a note, the Court would have looked at your nephew's age because for him to be guilty of sexual assault in the second degree he would have had to have been 18 years of age or older. If he was still a minor, then the statute would have provided that he would have had a defense to the charge if he was not more than 3 or 4 (depending on the age of the other party) years older than the girl.
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The state legislature is the only body with authority to change to law. If you are looking at wanting to change your nephew's registration status, the first thing he will have to do is to get into compliance and stay on the stright and narrow for several years. His registration status can be reviewed by the sex offender registration folks every seven years. Good reports from his parole officer are a must for that process.
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