Legal Question in Criminal Law in Mississippi

Statutory rape

21yrs,1mnth old male gets arrested for statutory rape.Girl is 15yrs,11mnths,has consentual sex. Now 16,engaged to be married in a month to this man, detective forged mothers signature to a statement she didn't write to convince 21 yr old male to sign statement admitting to his guilt.(Signed statement from mother is not available.21 year old was intoxicated @ the time of arrest and was ''encouraged'' to sign statement,glasses were also broken from a fight the same night.Mother of 15 yr old did not press charges.Nor did the father.What are his chances?


Asked on 3/20/04, 3:11 pm

1 Answer from Attorneys

Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Statutory rape

slim to none, unless the statement is successfully challenged and suppressed as not voluntary. the fact that the sex was consensual does not matter. the fact that the victim and assailant are engaged does not matter. all that has to be proven is intercourse, given the respective ages at the time of the offense. the defendant needs to hire a good attorney to challenge the confession as not being voluntary. however, the detective's forgery and deceit is probably irrelevant since the police are permitted to lie to a suspect during questioning. it definitely sounds as if the 21 year old has an uphill battle on his hands.

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Answered on 3/20/04, 11:31 pm


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