Date Rape, Consent & Polygraphs

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Teenage boys beware of the girls you choose to have sex with as it can turn around and become your worst nightmare. We handle many date rape type cases in our offices. Recently, we have seen many cases come through our doors where male teenagers are being charged with Rape which is a felony of the first degree and carries serious penalties; not less than 5 years in prison and depending upon the age of the alleged victim, could involve a sentence to life without the possibility of parole.

For example, we recently defended a boy "Joe", age 16. He meets up with a cute girl, "Sandy", that he doesn't know is 14 years old because she lied about her age. They do some flirting and texting and end up in the back seat of a car having what he believed to be consensual sex. They continue communicating through texts and have one additional sexual encounter at her house. That fling ended.

Shortly thereafter, Joe met another young teenage girl, "Sally", who also lied about her age. Joe ended up having sex with this girl on two occasions at her parent's home. Again, Joe claimed that the sex was consensual. Both women, most likely embarrassed about what they had done at such a young age, falsely accused Joe of Rape. With regard to Sandy, Joe was criminally charged with Rape under O.R.C. 2907.02 and was forced to pay to defend himself during the investigative and court stages with investigators, police officers, and lawyers all questioning him.

Joe agreed to submit to 2 polygraphs, one at our request and the other at the request of the Prosecutor. Joe passed both of these tests. Based on his polygraph results and the fact that the Sandy's story was inconsistent, all charges against Joe were dismissed and the case expunged.

With regard to Sally, the case never made it to the courts. However, Joe had to undergo a lengthy investigation with police and investigator's to defend himself against the rape accusation. He submitted to a polygraph examination and passed. The results of this test, coupled with the inconsistencies in Sally's story, ended the entire investigation against Joe.

Another recent case example involves "Joe". Joe was hanging out with friends at a party which got a little out of hand. Jim, another male friend, and a female friend all decided to have a three-some in an upstairs bedroom. The girl later turned on both boys claiming that she was forcibly raped. Both were questioned by detectives and had to retain attorneys because of the threat of indictment. After Jim submitted to a polygraph and passed, and the Prosecutor got a chance to interview the girl and review the polygraph results and investigator's statements, the Prosecutor decided not to indict Jim on a Rape charge.

However, because the female friend still wants to pursue charges against Jim, he will most likely be charged with Unlawful Sexual Conduct with a Minor (O.R.C. 2907.04). This statute in part states that a person who is 18 years or older, can be charged with this offense if they knowingly or recklessly engaged in sexual conduct with another person who is 13 years old but less than 16. This charge also carries serious penalties which could include a felony of the fourth degree which imposes a prison term of not less than 18 months. If the offender is less than four years older than the other person, the penalty would be a misdemeanor of the first degree with penalties up to six months in jail. If the offender is ten or more years older than the other person, the unlawful sexual conduct with a minor is a misdemeanor of the third degree.

There are many different felonies involving sex it is fraught with danger. Was it consensual when she was drunk? Is she really over 18? Is she over 16? Is the offender more than 4 years older than the other person? Did either person take video, camera phone, or photos? If one or more of the people are under 18, that is another crime. Forwarding it? Another crime.

Drugs, alcohol, recording equipment and people who are young is the recipe for a felony investigation.