Legal Question in Technology Law in Massachusetts

parent suspicious

I suspected that my 15yo son's 13yo gf's mother has been aware & allowing them having sex in her house while she's there;many times asking them both intimate questions of what sexual things they do & have done, she knew & allowed him to sleepover (i found him missing in the night-on the 4th night) and going to their house an hour before he goes to the busstop. The mother knew of my concerns & requests of limiting his time in the house (she also drinks heavily 3-4x/week), but she con't to ignore & disregard my requests.

Unfortunately when i tried talking to her (& my son) with what i thought was going on, they both denied it or lied.

After weeks of trying to find out the truth, I looked on my teen's IM logs.(FYI: I bought the computer, he's on my account; he has had his username/passwords for all of his accounts on a notecard near the computer for 2+ yrs, and it was only when I suspected something could be illegal).

My suspicions&more are true. I thought someone may need to see this info-I printed out the pages with the evidence and blacked out the personal things.

1 He's a minor, we share the account, his info was near the computer-is it illegal?

2Can the IM be used as evidence by police or court?


Asked on 6/20/09, 5:26 am

1 Answer from Attorneys

Re: parent suspicious

Technically, your son can be charged with statutory rape. The police can use his IM and facebook postings as evidence if they search for and find them.

Your neighbor can be charged with contributing to the deliquency of minors and also with statutory rape if she knows of and encourges the intimacy between your son and his 13 yr old girl friend.

Having said all this, unless the mother or 13 year old charges your son, it is unlikely the Police will do anything. I would strongly suggest that your son cease and desist from having sex with his 13 yr old girl friend. Not only because of the potential criminal issues, but because frankly neither your son nor the girl are mature enough to deal with sexual intimacy.

Do not go to the police. I suggest you have a very serious discussion with your son and warn him, once he turns 16, the courts can and will treat sex with a 14yr old as statutory rape and he can be charged as an adult. If that happens, his options in life will be very limited. If charged and convicted, he will carry this on his record for life unless you get the matter expunged.

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Answered on 6/20/09, 3:27 pm


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