Anyone with law experience, help needed

http://en.wikipedia.org/wiki/Ages_of...erica#Maryland If the victim is 13 or younger and the actor more than 4 years older, and they engage in a sex act (which includes oral, and other acts but not intercourse) they are guilty of a sexual offense in the second degree. If they engage in vaginal intercourse, the crime is elevated to rape in the second degree.

Dude, you need a real lawyer. This is far too serious an issue for you to be seeking help on a message board.

Can an 8 yr. old "consent" to such an act in your jurisdiction? I know the fact pattern says it was consensual, but I think that's still an issue as in many jurisdictions a minor is considered incapable of consenting to such conduct before a certain age. I think you also need to consider the Statute of Limitations for this type of offence in your jurisdiction. It's probably purposely left ambiguous in the facts so that you can discuss these types of issues in your answer. There are really only 2 questions here, so this shouldn't be that incredibly difficult. Law school questions and bar exam questions don't necessarily want "correct" answers so much as demonstrations on how to reason through to a conclusion. You need to look at the laws of your jurisdiction surrounding these types of issues. Look up the law on minor consent, statute of limitations, and what circumstances enable an adult to be charged with an offence committed as a minor. Also, the question is "can the person be charged?". I'd have to think that's an S.o.L. question. But it does come off as requiring a yes or no type answer I'd think ... with a discussion of the law of course. Maybe do some case research as well to see if you can find some cases with even remotely similar fact patterns. Even if they're not exactly the same, that's cool, see if you still can mention them somehow, maybe even to distinguish them and show the prof you did a little extra legwork. Just make sure it makes sense, is applicable, and not gratuitous. BTW, don't follow my example ... write concisely.

Depends on the statute of limitations in the state this took place. But I will guess the bad one can be tried. He'd also have the privilege of being inserted in a sex offender database. Well, maybe. Do some research, the information is out there. Spend about 3 hours in a library and you'll have decent answers.

Many states let the statute of limitations on child sexual abuse start running when the victim turns 18. So the offender's age is irrelevant if the child isn't 18 in this circumstance.

Maryland for example gives the child 7 years after reaching 18 to file civil damages, too lazy to find out what the criminal statute is, but Maryland is on Michie's for free http://michie.lexisnexis.com/marylan....htm&cp=mdcode

In addition to what's been mentioned, it might be worth doing a quick overview on the law relating to young offenders in your jurisdiction, and the limitations statute that applies to this offense. Just more fodder for discussion.

So you were babysitting before the airport gig, huh?

Analyze this in both Criminal and Tort contexts. Criminal would very among states and possibly include parental liability. Likewise with respect to the potential parental liability with the addition of negligence in a Tort claim. As I remember, Tort Law explicitly establishes a presumption of liability for voluntary/willfill acts based on age....do a bit of research on this (I think it was the 7's rule).

I am not a lawyer, and this is not legal advice. The DA may not bother charging something that happened so long ago, and with two minors involved. Vigilante justice!

Figure out what the crime is first. 14 and 8, regardless of consent, is aggravated rape in La., I believe.

In many states, a person is allowed x amount of time after they've turned 18 to file such a charge. The victims generally struggle through the abuse, then through their teen years, and only realize later when they're adults that they should do something about it. That's why these laws are in place, I believe. I'd start there.

Then, the issue is whether the guy would be charged as a minor or adult. It's important because aggravated rape carries a life sentence for an adult. There may be a statute but I'm sure there's case law on it. Seems that the charge should be based on time of act rather than current age....because intent is often an issue in criminal acts. It wouldn't end there, though. You may need to make an analysis based on factors the courts consider in deciding whether someone should be tried as an adult or as a minor.

A lexis/westlaw search should come up with plenty of reading material on this.

I see the other lawyers are doing the same issue spotting I would...

As others alluded to, there is probably no "correct answer" as much as your teacher is looking for you to identify the issues involved. To start with you should/could look into the statute of limitations on such a crime, the fact that both individuals were (or could have been depending on jurisdiction) minors at the time of the crime, whether the touching would constitute rape or battery, the possibility of both criminal and tort cases. I am sure there could be more...