Q: It was a crazy situation from breaking up with my girlfriend who was 15 and I was 19. Her parents had me charged with statutory rape. Sounds terrible I know and it ruined me from then on. I pleaded no contest and had to do one year probation. Never spent any time in jail either and haven’t even had a parking ticket since then. I want to own a gun to protect my wife and children in our own home. No guns for anyone with any kind of record it seems. Is there a way for me to ever own guns to protect what is mine and keep my family safe?
A: To give you a precise answer, I suggest that you order your criminal history from the PA State Police to determine how the grading of this offense appears in criminal databases. My thought is that 16 years ago it was at least a Misdemeanor 2 and additionally, it would be viewed as a sex crime and/or crime of violence which would make you ineligible for expungement
Q: A friend of mine’s daughter, age 15, was dating a 20-year-old. My friend did know about the relationship and was okay with it. Her daughter got pregnant with this gentleman. Now the thing is, she’s afraid since CYF became recently involved with them, they will take her daughter away who is now 16 and press charges on the gentleman who is now 21. Can he be charged with statutory rape even if the relationship was Allowed by her mother?
A: Yes, I am afraid that is a violation of the law. At a minimum, he can be charged with Statutory Sexual Assault and Corruption of Minors. Children, Youth and Families cannot press criminal charges but can refer the matter to police who will interview her and decide whether to file. Additionally, if your friend, the parent of the girl was “okay with it”, and the police find out, he can be charged with Endangering the Welfare of Children, commonly known as EWOC in the trade.
Q: I am now currently 23. I was accused of rape by a foster-sister. She was between the age 7-9 and I was between the age of 11-13. I had a detective talk to me in 2015. I told my side of the story saying I didn’t stick my male parts in her. I said things did happen with clothes on and I wrote that in a report in 2016. Another Detective comes to me saying we need to go over paper work basically starting a new Investigation saying that they did a penetration test and basically telling me I he knows I did I gave him what he wanted to hear. He called the da and they said not to arrest me it’s been like 2 years nothing has happened. Lawyers In my area won’t help till I get paper work but that hasn’t happened. What do I do?
A: Don’t speak with anyone, police, friends, no one. You can be charged with rape and a variety of sexual crimes which are as serious. If you are contacted by police, refuse to speak with them no matter what they promise in exchange. You have no legal obligation or duty to speak with them, period. They know this. They have no right to take you anywhere unless you are arrested. If they do contact you again, say nothing and call a lawyer. No lawyer can really help you until you are arrested. I have no crystal ball but it sounds like the police do not want to prosecute. However, if the victim really pushes this for one reason or another, they may have to file charges.