If your child was the victim of statutory rape and you are wondering if you have enough evidence to press charges, you’ll want to talk with a lawyer to explore all options. You don’t want the criminal to get away with the crime, and you want to be sure that this doesn’t happen to another child in the future. If your child is under the age of 18 years and didn’t consent to the activity in anyway, it shouldn’t be difficult to prove the case. Evidence and statements from both parties involved will be the determining factors in the case.
Electronic messages, social media contact, text messages, and phone records are all ideal forms of evidence that show the rapist was pursuing contact with your child. If any of these messages indicated sexual intention, or were used to lure your child and trick them, you can easily show they had to the intent to have relations with your child.
Did you take your child to be examined by a medical professional after you were told about the rape? Were there DNA and other evidence to show that your child was violated? Bring all medical records with you for your first legal consultation. If the documents or reports aren’t ready yet, have the lawyer copied on any information you get so they can go over the results as soon as the results come in.
As soon as you consult with your lawyer they may go down and file the case, and the rapist could be taken into custody or served with papers. Your child may have to give a statement to a lawyer, and to a judge. They may also need to have a consultation with a mental health professional or someone from social services, to talk about the incident and what happened. The child shouldn’t have to get on the stand in front of a courtroom full of people, and they won’t have to see the rapist again.
If proven guilty, the rapist could get misdemeanor, felony, and civil penalties for the act. The exact punishment will be determined by the prosecutor or judge, and can vary based on the type of sexual act that took place, if it’s their first time or they are a multiple time offender, and what they plead. Once proven guilty, the criminal will have to register as a sex offender. A no contact or restraining order will be put into place.
It doesn’t matter if your child was a friend of the adult that raped them, or if they had some type of romantic relationship, if they didn’t want to have any sexual intercourse or relations with the person and they were forced against their will, you want to meet with an attorney. As a minor under the age of 18 years, it was unlawful for anyone to have any type of sexual interaction with your child, and you have the right to fight as a parent to make sure the rapist is charged for their crimes.
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