Another challenging decision for Miles. The risk is too high; what if he gets signed and he ends up in jail. My guess is that he's a gone pecan
So it could be consensual, and he could still be charged with this based on the verbiage of the law. I am guessing the charge would be different if it was not consensual.
Arrests like this aren't made on pure allegation or he said / she said. I can guarantee that detectives talked to more people than just the girl. I had a former customer who tried to get me arrested last year. He filed a complaint and the detectives investigated. Through my lawyer, my side was presented and the police department elected not to file charges. Standard procedure at that point was to refer it to the city prosecutor who could then present it the grand jury. The prosecutor reviewed the case and spoke with my attorney and found that I had done nothing wrong, therefore it never went to the grand jury. This former customer actually had a few connections. He was the former DA. However, just because he was connected, he still had to have evidence. He didn't, so all he achieved was me having to pay my lawyer to represent me. I ought to sue him to get my atty fees back.
By definition, minors cannot consent. Even if she was the instigator and agreed to perform this act, by law she cannot consent to it. "Jailbait" is a well known term for a reason.
C.(1) Whoever commits the crime of oral sexual battery shall be punished by imprisonment, with or without hard labor, without benefit of parole, probation, or suspension of sentence, for not more than ten years.
My question is and will remain, how in the hell do you get a girl to do this without it being consensual? At 47 yrs old I have never figured that one out.:huh:
True, I turned 18 the summer before my senior year, so I was grilled about the subject by my parents pretty good. Were I grew up, there were a good many "consenting" 14-15 year old girls, that didn't always tell the truth about their age. And in most cases the girls were the aggressors. Its not always the guys fault is all I am saying, and the law isn't very fair in those cases. You are not going to meet many 18 year old high school kids who can say no to a girl throwing themselves at them. The other thing was worrying about getting charged with contributing to a minor, when there was alcohol at a party, or in the car. Mostly I remember making very bad choices when it came to alcohol.
Red addressed that a few posts up. The one thing he left out was that there were 2 athletes involved. The child was probably scared for her life.
