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SergeantQueen's avatar

What happens to the minor in this situation?

Asked by SergeantQueen (7192points) December 9th, 2017

If the guys is dating someone way younger, and he gets arrested. Will she get questioned? asked to testify?

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3 Answers

CWOTUS's avatar

I don’t know of anyone who has been arrested for “dating” a minor. If there has been a charge of sexual contact with the minor, and if the minor hasn’t made the complaint himself (or herself, of course), then the prosecution of the case will depend on whatever physical evidence can be gathered as well as the eyewitness account of anyone making the complaint. The last thing a prosecutor wants to do is to involve the minor in the prosecution – unless that is the source of the complaint, and the minor wants to press the charge.

seawulf575's avatar

I knew of a case where a neighbor of mine was charged with statutory rape. The background was that the girl wrote about it in her personal journal. Her father found it and took it to the police. The police investigated. Turns out he was innocent. The girl had a crush on the guy and was fantasizing. The father owed the guy money. But for the police investigation, yes, the girl did get questioned. Her journal was taken as evidence to help the investigation. She even took a polygraph test. Even some of her friends were questioned because they came up in the journal. The parts that shot holes in her story were many. The friends couldn’t corroborate the stories, the dates/times she claimed they had sex were contradicted by solid evidence that he was somewhere else with many witnesses, and the polygraph test was not conclusive. So for the investigation, yes, the minor will be questioned. As for prosecution, I couldn’t say, though I suspect they COULD be brought onto the stand. Let’s face it, if a minor is at the heart of an issue, the defense, at a minimum, might want to call them to the stand.

Dutchess_III's avatar

I knew of a 14 year old who had been sexually molested by her step father from the time she was 8. When her mom finally wised up and pressed charges, the daughter had to testify. It was an agony for her.

The guy got off. Judge said it was a “he said, she said” situation.

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