Providing details online regarding what evidence they could use against you and where they can find it is a very poor idea. There is no real consent defense to statutory rape. The whole premise is that she was not old enough to consent, hence there was no consent (even if she said it was OK) You need to speak with an attorney very soon.

Michael L. Doyle
(215) 735-5900

I am not licensed to practice law in New Jersey but I might be able to shed some light on the issue. You have presented a number of issues in your question regarding; 1) the definition of statutory rape, 2) evidentiary questions regarding a journal and text messages, and 3) when it is appropriate to report an alleged crime:

1. The Definition of Statutory Rape

In New Jersey, the code section that the alleged crime would fall under is Title 2C The New Jersey Code of Criminal Justice - 2C:14-2 Sexual assault (http://law.onecle.com/new-jersey/2c-the-new-jersey-code-of-criminal-justice/14-2.html). Please note that other parts of the Code may apply. Using the limited set of facts presented in your question, I will list those parts that seem to apply at the very least:

2C:14-2. Sexual assault. a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(2) The victim is at least 13 but less than 16 years old; AND

(a) The actor is related to the victim by blood or affinity to the third degree,

OR

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status,

OR

(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

Aggravated sexual assault is a crime of the first degree.

c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

As the attorney from Morristown pointed out, this definition describes what is commonly called “statutory rape.” Statutory rape is what is known as a “strict liability” crime. Usually, a crime requires a mens rea, or a mental component (generally the actor has to know he is doing something wrong or has a guilty mind) and an actus reus (a guilty action). Strict liability crimes such as statutory rape do not require a mens rea, so a prosecutor can prove the elements of the crime with only the act. They do not have to prove the guilty mind. Also, if the act is proved, the alleged actor's defenses to the crime are considerably restricted if not eliminated altogether.

One such defense that he would not be able to raise is consent. The fact that she consented does not matter. She could have shown him a fake ID, looked 30 years old, and had her family swear up and down that she was of age and he would still be guilty of the alleged conduct if he committed the act. That is strict liability.

Here, the above statute defines the act of aggravated sexual assault of the first degree as: sexual penetration with another person at least 13 but less than 16 and the actor is at least four years older than the victim. Do the math.

Also, it would be worthwhile to check to see if at anytime during one of the alleged transgressions whether or not the man was in loco parentis with the alleged victim. This is a question best left for a New Jersey attorney and not myself.

2. Evidenciary questions

Both of the pieces of evidence you described would tend to be admissible. There are various restrictions on the admissibility of certain evidence. Most importantly here, the evidence has to be authenticated—generally, the alleged victim has to admit to writing what is in the book. The telephone records have to be authenticated in a similar fashion, with a qualified person vouching for the authenticity of the records. If admissible, their ultimate evidenciary value at trial would depend on their context within the larger case in general.

3. It is appropriate for anyone to report a crime. The Statute of Limitations may limit the prosecution on when it can bring the charges, so it is best to report them as soon as possible and let the authorities judge the merits of the alleged conduct.

Sex with a minor is "statutory rape". This means there is no defense if the act occurred. The fact that he was the father of a friend would make things worse rather than better, but truthfully not make a difference. He will be sentenced under the statute.