Airing dirty laundry. A bit of legal advice sought also - by glslvrfan
glslvrfan on 27/3/2012 at 04:59
My stepson Cody was arrested 10 days ago and charged with 1 count of child molesting, a class B felony. He is 20 years old, the victim is 12. He is still locked up. I dont have 5k to put down, nor would if I did have it.
He says nothing happened, another boy that was there says nothing happened. 2 girls were there, 16 and 12. He admitted having sex with the 16 year old. The 16 year old boy and 12 year old girl were a couple. The parents found wrappers or condoms the next day and one or both of the girls went to juvey lockup . I don't know if they scared the girls to death and they gave his name to keep themselves out of trouble or if they were all fucked up and some innapropriate activity did take place. I keep hoping the girls admit to lying but I don't believe the prosecutor would pick this up if there wasn't something fairly solid.
Cody has always been a little off in the head, and extremely immature for his age. I'm not saying that as a means to justify this or get him out of trouble, I bring it up in the event that he is convicted that he is sent somewhere that is a little better suited for his condition.
His mother passed away suddenly almost 5 years ago. We had been split up for some time. He came to stay with me because he didnt know his biological dad at the time. I had a series of tests ran on him after she passed away and got him on some meds. His mother would never accept that he needed to be medicated. She said the school teachers were just lazy and wanted the kids medicated so they didnt have to mess with them. Anyway, he was diagnosed with severe ADHD, and a significant tesesterone defficiency. Testing showed a reading and comprehension level of a 6th grader. That was when he was 16. I would be surprised if now he could pass a basic 8th grade placement exam. He was on the meds for about a year and a half. Didn't seem to help at all with him. We had a bad falling out when a piece of trash that his mother knew slipped up and mentioned his biological dad.
He went to stay with his sister in Florida for about a year. He worked several places and didnt have to pay her much to stay. They both got into some bad shit. her on pills and him smoking rock. Her biological dad got her commited and he was on his own down there. He stayed with some people for a bit, did some odd job shit for a while and got a bus ticket home. He was off the shit then but was still smoking pot. When he got back here he stayed with me for about 3 months. He wouldnt lay off the pot, and had started smoking spice also. We got into it again and I told him to find another place. He has been staying place to place since then. No one can put up with him for longer than a few months. He just acts to immature and childish.
I believe that he really has done some damage to himself. I've actually always thought he has had some damage, just a tad more now from the smoking. Other people have said it also. He has been assigned a public defender. Does anyone know if he would take any of this information and see about an evaluation for Cody or would I have to hire an Attorney? Would the court even deem any of this important enough to justify an evaluation.
henke on 27/3/2012 at 05:31
Wow man, that sucks. :(
Don't have any legal advice to offer, sorry.
demagogue on 27/3/2012 at 13:46
Criminal law is out of my ken, sorry. You could at least give the information you have to the PD, write it up in a little memo and send it to him.
It amazes me sometimes how people can just get on tracks, some of them on the up & up and some on the down & down, and a lot of times they can't even help it. I hope the situation works out as well as it can.
Martin Karne on 27/3/2012 at 16:59
I don't get it, but in most cases having voluntarily sex with a minor (16-12) is not a felony in some countries as long its not rape.
This is not the end of the world, but of course from now on he better hit on 18 y.o. girls with ID in hand.
PeeperStorm on 28/3/2012 at 00:47
I'd hire a good attorney. If you can, get one who's been around a while and is familiar with the various prosecutors and judges.
If you can't do that, then see what the PD has to say.
SubJeff on 28/3/2012 at 11:43
Diminished responsibility angle?
glslvrfan on 28/3/2012 at 16:56
Quote Posted by Subjective Effect
Diminished responsibility angle?
You tell me if anything is diminished. Here is a letter he just wrote me and a picture he drew on the back.
Inline Image:
http://i34.photobucket.com/albums/d135/GLslvrfan/scan0007.jpgInline Image:
http://i34.photobucket.com/albums/d135/GLslvrfan/scan0006.jpgHe has at best an 8th grade education. If I knew for certain that he had sex with this girl I would not have came on here and embarrased myself by letting anyone know that I had a hand in raising a child molester. I believe the girls are lying because he just used the 16 year old for sex. Or that the parents found out he had sex with the 16 year old, are pissed that he did because he's 20 and are accusing him of messing with the 12 year old because they cant legally do anything about it.
Rug Burn Junky on 28/3/2012 at 18:43
Just to set some expectations here, even if he only had sex with the 16 year old, there could be sexual abuse charges if he enabled/encouraged the 12 year old to have sex with his friend.
This isn't going to end well.
fett on 29/3/2012 at 01:13
RBJ's right - I've had to testify at a few hearings that sounded something like this and it did not end well. You've basically got a 20 year old guy committing statutory rape, and suspicion of pedophilia may be the icing on the cake for a judge -even if it isn't substantiated. Maybe at least he might end up somewhere that will help him. The judge's view will likely be that even a kid his age with diminished mental faculties understands the ramifications of sex with minors.
Rug Burn Junky on 29/3/2012 at 01:49
Quote:
You've basically got a 20 year old guy committing statutory rape
Cut the kid a little slack, I think 16's legal in Kentucky.
