What will happen if my adult son is charged with criminal sexual conduct with a minor but she lied about her age?

He signed a voluntary statement that he had sex but it was consensual, and that she lied about her age to him. Since she is a minor, and can’t consent, does he have any chance of staying out of prison? He has no prior record. Also, the rest of the family does not want him back at our house. I was considering bailing him out and seeing if we could get him into a halfway house. Will this hurt his chances of no sentance or a reduced sentence? Lastly, he lived on our property, but was house sitting for us and this happened in our house. Can we be held civally liable?

Asked on July 7, 2014 under Criminal Law, South Carolina

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

Unfortunately that is not a defense to the charges. I have handled these cases before so I can say from experience that probation is possible but it depends on the ages of the parties involved and the county where the case is brought. Also, whether there is any prior incidents or prior criminal record of your son. Instead of bailing him out, I would recommend hiring an experienced criminal defense attorney as that will help his chances way more than bailing him out of jail. Many more facts are necessary to determine if there is any potential civil liability. 


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