Can I get charged with sex with a minor?

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Can I get charged with sex with a minor?

She was 16; I was 20. We had sex in MN; she is from WI. Her parents didn’t make us break up over it or anything and it’s been months since it occurred. She was raped in the past and never reported that (would this work in court at all)? Just to show that she obviously has some other reason in reporting me since I never forced myself on her and it was totally consensual. She has mental problems and used to cut herself (would that work for or against me)? Should I speak with a criminal law attorney? In Saint Louis County, MN.

Asked on October 20, 2010 under Criminal Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If there have been charges filed--or you think they may be filed--talk with a criminal defense attorney NOW.

1) Yes, you could be charged with some form of sexual assault given her age and yours. (She was a minor, you were not.)

2) If she came from WI to have sex with you, she crossed state lines for that purpose and it's impossible fedeal charges could also be considered, or even brought.

3) If she has mental problems, that probably just looks worse for  you--it looks like you took advantage of her.

4) Her prior history of being attacked probably can't even come into court (e.g. rape shield laws) and if it did, would in no way help you.

5) If you are convicted as a sex offender, you could be placed on a sex offender registry, which could have an impact on the rest  of your life.

6) And remember:  you say the sex was consensual; you don't know how she will report or describe it. For example, suppose she says she consented because you'd threatened her and she was afraid. It could turn into one person's word against another's.

So contact a criminal defense attorney immediately and don't talk to police, prosecutors, etc. until you do and get the lawyer's advice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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