Sexual Assault Of A Minor Child

My boyfriend and I have dated for two years. My mother thinks we are having sex and says she is going to have my boyfriend arrested. He's 19, but we told my mother he was 16, and I'm 14. Can my boyfriend be arrested if I agreed to have sex with him? My mother thinks he is a minor!

ANSWER:

YES.

Regardless of whether your mother believes he is 16, the fact of the matter is that you are a minor, and it is illegal for a minor to have sexual intercourse or engage in any form of sexual conduct with another person regardless of the other person's age. Under Wisconsin law, a minor cannot agree (give consent) to have sex with another person (minor or adult).

If your mother files a report with the police, your boyfriend's identification information will reveal his true age, and the police will share that information with your mother. Once that report is filed, and whether your mother wants charges pressed, the police are required to investigate any sexual assault complaint involving a minor.

If your boyfriend is charged with sexual assault of a minor, he will be arrested. If he is convicted of sexual assault of a minor, the court can sentence him to imprisonment in a county jail or a prison, fine him, or both. As well, Wisconsin courts usually sentence people convicted of sexual assault of a minor to probation and require the offender to register with the sex offender registry, which will have a very devastating effect on his future jobs, activities, and even his residence. A convicted sex offender is prohibited from working in jobs involving children. A registered sex offender cannot go where children may be present such as a high school dances (even if his or her child is at that dance), or public places where children would likely gather such as amusement or water parks.

Under Wisconsin law, it is also illegal for your adult boyfriend to expose himself to you, entice you to have sex or expose yourself to him, or even have contact with you of a sexual nature.

Helpful information:
Sex crimes, Wisconsin
Sexual assault, Wisconsin
Sexual assault of a minor child, Wisconsin
Solicitation or Enticement
Entrapment

Probation or Parole?

What's the Difference Between Probation and Parole?

ANSWER:

Both probation and parole represent ways for people convicted of crimes to avoid doing time. What's more, they're both conditioned on good behavior -- if the offender messes up, they're shown back to their cell. But there is a major procedural difference between probation and parole. Probation is part and parcel of the offender's initial sentence, whereas parole comes much later, allowing the offender early release from a prison sentence.

Probation is handed down by the judge at trial. It may be in lieu of jail time or in combination with some jail time. The judge will specify restrictions on the offender's activities during the probationary period.

Parole is granted by a parole board, after the offender has served some -- or perhaps a lot of -- time. The parole board may consider factors such as the offender's behavior in prison and level of rehabilitation, and let him or her out early. The parole board can also specify restrictions on the person's activities while on parole.

Last but not least, probation has one more vowel and two more consonants than parole.

CVW

Helpful links:

Parole Probation Post-conviction challenge Wisconsin criminal penalties