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I need help with a Law question
Okay, my brother just went to jail 2 days ago for being charged with Stachatory rape. Here's the story. My brother was believed to be 20 or 19 when he had sex with this girl (who was 15 at the time) they were at a party where an adult served minors with alcohol. My brother does not remember ever touching this girl. Well she got pregnant and had the baby Dec 16 2009. when the baby was 4 months old, they sued my brother for custody. but he said it wasn't his, so they did a DNA test, and it was. now the baby is 5 months pregnant and now they arrested my brother for stachatory rape. Now with the girl who is 16 now, wanted my brother in the baby's life, but the parents want him arrested, what's the consquense for my brother?? We live in Pennsylvania.
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most likely jail time. even if the girl agrees and totaly goes with it she is under age the parents are her garidain and have complete ruling over her life untill she is 18 so thus for if they want to press charges there is nothing the girl can do about it.
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First things first. Your brother is screwed. The case is open and shut, and even a great lawyer isn't going to get the charges dropped. The DA has all the evidence he needs to convict and will do so regardless of the girls parents wishes at this point, even though those wishes will also likely not change.
They've already said the possible outcome. Up to 20 years in prison.
Second. Get rid of this posting. Dangernerd's e-mail should be on the contact page or FAQ, e-mail him and have this posting removed. Then go anywhere else online you've asked this question and delete it there too. You're not doing your brother any favors by posting this stuff up places.
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I am a great deal older than most of the advisers on this site, so my advice will be somewhat different from what you may have received and may continue to receive from others.
To be blunt; your brother is screwed. The fact that he does not remember having sex with the girl is negated by the proof of the pregnancy and paternity test. Statutory Rape is by Lay Definition defined as: Consensual sex between a minor and an adult or sex between two minors more than 2, 3 or 4 years difference in age. Each State differs’ on how many years in age difference between minors for a statutory rape charge.
The best advice I can offer is to find the best Lawyer you can afford. Remind the girl’s parents that if your brother is in jail for 20 years he cannot financially support the child. A binding, court supported and ordered offer of support for the girl and child until the child is 18 may go a long way in getting the girl’s parents to drop the charges or agreeing to a lesser charge. One for which probation may be an approved plea agreement.
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Well, I don't know the full story, but considering he was 20 and had sex with a 15 year old, and they do for sure have proof, it's statutory rape.
In Pennsylvania he can get sentenced up to 20 years in prison. I hope you guy's have a good lawyer.
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