• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I don't know what to do. PLEASE HELP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

masshelpplease

Junior Member
What is the name of your state? Mass

OK here we go. I'm 29 years old. My Ex-Girlfriend and I were having horrible times in our relationship, things were falling apart after 1 year. She is heavily in to drugs etc. but that's another story. Last night I went over to her sister’s house, she's like 30 or so. She was there with her half sister. I was introduced to Jessica. During our conversations over the next hour or 2 Jessica mentioned she was 18. After hanging out a little longer my ex's sister and Jessica started making out, and after they kissed and took off their clothes etc. they turned their attention to me. I was a little hesitant at first but got into the action we all had sex and cuddled afterwards. Now here's where my trouble begins after I left in the AM, my Ex showed up and I'm not exactly sure what happened but she found out most of what happened. I'm not sure she knows to whole story but she got most of it. Needless to say she was not happy. It turns out that Jessica isn't really Jessica, her name was Jenna. I'm not sure why they both told me otherwise but they did, also Jenna turns out to only be 16 years old. SH*T, to say the least. Now my Ex has been calling me a rapist and that she is going to report me to the police, I'm going to jail and she is personally going to "FU*K my life up!". Now I have been freaking out and I'm not really sure what I should do, I did about 1 hours research online about the laws in MA and purely being lied to isn't a good enough defense, but what I have noticed is that the legal age for consent is 16 years old.

Taken from Mass law page online

Under MA law, a child under the age of 16 is incapable of consenting to sexual intercourse (unless married to his or her partner). Sexual intercourse of any kind (vaginal, anal, or oral) with a child under 16 years is a strict liability crime. A reasonable mistake as the age of the victim is not a defense. (MGL Chapter 265, §23)

Now it mentions under the age of 16 not 16 and under. Although I am not happy for what I have done and regret it fully, my question is this..... AM I GOING TO JAIL? Or is the fact that she is 16 she is a consenting adult?

Please help me. Thank you very much
 


masshelpplease

Junior Member
I found that on the web and have read it. What it doesn't specify is this. Because she is 16 does that mean she is not under the age of 16. I hope that clarifies what I'm asking. I am so shocked by this I can't even think straight. argggg.

Thanks
 

cbg

I'm a Northern Girl
I might suggest that in future, you control your hormones long enough to acertain FOR SURE how old your partner is.
 

masshelpplease

Junior Member
OK here is the latest update. I checked my voicemail which I hadn't checked all day because I have left my phone over my ex's sister's house. I had several messages I will give the highlights of the most important 2

1) it was a message with my ex yelling at jessica. She was yelling and jessica was crying, I'm assuming things got physical. my ex yelled, tell him your real fu*king name and she said Jenna (not Jessica that she told me) my ex then yelled no tell him you real fu*king age and she said 16, my ex then yelled now you tell him your name, and age and say that you F'ed my boyfriend, and Jenna was crying and she said that. It is not a very nice message. I have saved it and will make a tape of it incase court issues.

2) the other message says something like this. my ex says, I just left my sisters and the mother of the 16 year you f'ed is pressing charges, the father is going to press charges. Your f'd, your whole life is f'in ruined, I'm going to go tell everyone that you fu*k 16 year olds. Your going to jail for life. she then goes on to say that what ever I want to do I should do quick because she is going to have me killed and that I am going to die and she will make sure of it. I have also saved this message and will make a tape of it as well.

oh yea and then there was a 3rd message about 4 hrs after those saying that she wants to talk about what happened and thinks that I atleast owe it to her to get together and talk about this.

What should I be doing now?

Thanks
 

stealth2

Under the Radar Member
Uuuuuh, besides talking to a lawyer, stop having threesomes with people you don't know?
 

InnaPickle

Junior Member
file charges

masshelpplease said:
OK here is the latest update. I checked my voicemail which I hadn't checked all day because I have left my phone over my ex's sister's house. I had several messages I will give the highlights of the most important 2

1) it was a message with my ex yelling at jessica. She was yelling and jessica was crying, I'm assuming things got physical. my ex yelled, tell him your real fu*king name and she said Jenna (not Jessica that she told me) my ex then yelled no tell him you real fu*king age and she said 16, my ex then yelled now you tell him your name, and age and say that you F'ed my boyfriend, and Jenna was crying and she said that. It is not a very nice message. I have saved it and will make a tape of it incase court issues.

2) the other message says something like this. my ex says, I just left my sisters and the mother of the 16 year you f'ed is pressing charges, the father is going to press charges. Your f'd, your whole life is f'in ruined, I'm going to go tell everyone that you fu*k 16 year olds. Your going to jail for life. she then goes on to say that what ever I want to do I should do quick because she is going to have me killed and that I am going to die and she will make sure of it. I have also saved this message and will make a tape of it as well.

oh yea and then there was a 3rd message about 4 hrs after those saying that she wants to talk about what happened and thinks that I atleast owe it to her to get together and talk about this.

What should I be doing now?

Thanks

The voice messages are considered 'Terroristic Threatening' (the 'kill you' part) and can land her in jail with a hefty fine to boot.Since you have this on tape, it's a done deal - simply play it in court.
If and ONLY if it is determined that you are OK with the other one being 16 (legally, that is), then you may also sue her for defamation of character if she runs her mouth like she says she is going to. Just my .02$
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top