Q: What kind of legal resources available for son
22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his behalfhe only has a public defender and I know my son is facing serious charges I have not revealed the recording I have to his public defender I am not sure if I shud try to find other legal help with his case because I don't believe public defender will do the work needed to help him and am unsure about who to turn to with the audio recording and if it will help him or go against him even more
A: 22 and 16 = 6 years older. That IS the problem for your son. Her "consent" is irrelevant. Idaho legislators have determined that a female >18 canNOT consent, they are still "children." So no matter how sexy and grown-up looking and acting she was, son should have stuck a binki in her mouth instead of. . . . So, keep the PD, as it will be a colossal waste of your money to hire an experienced lawyer. L&L is the "preferred" charge to prosecutors because, unlike "rape," they don't have to prove that the sex was "against her will." All they have to prove is "genital to genital" or "mouth to genital," or any other, conceivable sexual contact occurred. Your PD might be able to negotiate this down to a "sexual battery," or something else which won't require your son to have to register. Good luck!
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