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Babagirls,
Did he tell you what the age of consent is? Be careful with attorneys - people think they know the law - they don't. If it is not in their area of expertise, many do not know it.
Just letting you know from experience. I have proven attorneys wrong again and again. I am NOT saying he is, but if your exchange is accurate - he did not answer your question.
Also, keep in mind that when attorneys do not know - a standard tactic is err on the side of caution to be safe. This Happens all the time. Your best bet is look up the law yourself and if it conflicts with what the attorney say - challenge him or her on it. I do this all the time - do not trust attorneys.
You didn't say what your research told you. If both agree - than fine, if not...
For example - I am not sure where he lives, but if it is WI:
"948.09 Sexual intercourse with a child age 16 or older. Whoever has sexual intercourse with a child who is not the defendant's spouse and who has attained the age of 16 years is guilty of a Class A misdemeanor."
Notice that it is not a felony. I do not believe in most states at 16 it would be. Most have degrees. Note:
"948.02 Sexual assault of a child. (1) FIRST DEGREE
SEXUAL ASSAULT. Whoever has sexual contact or sexual inter-course
with a person who has not attained the age of 13 years is
guilty of a Class B felony.
(2) SECOND DEGREE SEXUAL ASSAULT. Whoever has sexual
contact or sexual intercourse with a person who has not attained
the age of 16 years is guilty of a Class BC felony.
unreasonable risk of harm to and demonstrates a conscious disre-gard
for the safety of the child.
(2) INTENTIONAL CAUSATION OF BODILY HARM. (a) Whoever
intentionally causes great bodily harm to a child is guilty of a Class
C felony.
(b) Whoever intentionally causes bodily harm to a child is"
And you have to be careful with definitions as well - just by reading the law - it would appear the age of consent is 18 - it is not. It is 17:
"948.01 Definitions. In this chapter, the following words and
phrases have the designated meanings unless the context of a spe-cific
section manifestly requires a different construction:
(1) ?Child? means a person who has not attained the age of 18
years, except that for purposes of prosecuting a person who is
alleged to have violated a state or federal criminal law, ?child?
does not include a person who has attained the age of 17 years.
(6) ?Sexual intercourse? means vulvar penetration as well as
cunnilingus, fellatio or anal intercourse between persons or any
other intrusion, however slight, of any part of a person?s body or
of any object into the genital or anal opening either by the defen-dant
or upon the defendant?s instruction. The emission of semen
is not required."
Just my 2 cents, because most lawyers are useless.
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