Tuesday, July 14, 2015

"Sex with somebody younger than 18...that's a crime." [in Virginia if you are 18 or older] says Attorney Steven Benjamin. Henrico Virginia 18 year old Faces up to 10 Years in Prison and Life on the Virginia Sex Offender Registry as a Violent Offender.....for Consensual Sex

Remember when I posted about the recent Zachary Anderson case in Indiana and said the exact same thing could happen in Virginia? That an underage teen who lies claiming to be older and then has consensual sexual contact with the older teen would result in the older teen being labeled a Violent Sex Offender for life. ...........

Well here it is 9 days later an 18 year old Henrico male who is intellectually disabled believed a 14 year old female was 17 years old because that’s what she told him and now he is facing carnal knowledge and contributing to the delinquency of a minor charges up to 10 years in prison and a lifetime on the VSP Registry. 

Even if he had checked her id (as the grandmother says below) if she had a fake id the 18 year old would still bear all responsibility for not knowing her true age and the lying 14 year old bears no responsibility, whatsoever! Now, if the 14 year old female had robbed a convenient store, stolen a vehicle or even committed murder the State of Virginia would claim she knew what she was doing even at 14 and they'd charge her accordingly. The scales of justice aren’t so balanced when it comes to sex in America. 

Mary Devoy 


Henrico teen's grandmother 'couldn't help but cry' after his felony sex charge, July 13, 2015
By Chris Thomas

A Henrico family is furious after an 18-year-old is charged for having consensual sex with a 14-year-old girl. Ishmael Lamont Starke is facing a felony charge of carnal knowledge and contributing to the delinquency of a minor.  His family is outraged that, if convicted, the teen will be forced to register as a sex offender. 

"I'm telling all of the young people," said grandmother Carolyn Moore McLane. "Please! Whoever you date. Check their I.D. He thought she was 17. He didn't know that she was 14."  

McLane admits that was the case, initially.  

"They kind of befriended each other," said McLane. "Dating? You can say that. Because he was going to take her to prom." 

McLane's grandson, who she says is intellectually disabled, could be forced to register as a sex offender if convicted. 

"When I left the court I couldn't help but to cry," said McLane. "Because this young boy helps me with 5 other children in this home. He helps me to take care of them. He washes the dishes. He takes out the trash. He cuts the grass. He always doing positive things. He got caught up in something that it should not have been."

NBC12 legal analyst Steve Benjamin says the laws are clear.  

"It's real easy once you are 18," said Benjamin. "Sex with somebody younger than 18...that's a crime." 

Benjamin says if the alleged victim is under 13-years-old it is considered rape. If they are 15 and older it is a misdemeanor charge of contributing to the delinquency of a minor. If they are younger than 15, as in this case, it's a class 4 felony that carries up to 10 years in prison.  

"It doesn't matter how old they look," said Benjamin. "It doesn't matter how old they say they are."  

The girl's mom even submitted a formal letter to the court. 

"I do not bare any ill will towards Mr. Starke," wrote her mother. "After deep consideration and spiritual consultation, I wish to drop all charges."

Still, McLane says her grandson was denied bond.  

"I'm going to continue to fight," said McLane. "It's not right." 

Starke is due back in court in September.