QUESTION
Can I file statutory rape charges a year after?
Asked on Oct 22nd, 2012 on Criminal Law - Michigan
More details to this question:
My then 13 yr old daughter had sex with a 17/18 yr old in 2011 in MI. He was 17 but turned 18 while they were together. We never pressed charges since she willingly ended it and just wanted to get past it. Last night (one yr later), he hacked her Facebook and threatened to post photos of when they were together. Can I file charges now, or is it too late?
6 ANSWERS
Michael J. Breczinski
It is not too late and 13 is way too young for him having done anything with her. Call the police.
Answered on Oct 23rd, 2012 at 3:11 PM
You can file a complaint with the police department or send it directly to the DA's office. You cannot file charges. You're not the DA.
Answered on Oct 23rd, 2012 at 3:11 PM
It would be up to your county prosecutor whether to authorize charges, but the age of your daughter and the "defendant" would be the most important fact (aside from the fact of intercourse) and those ages don't change over time. You should talk to a detective at the appropriate police department and inform him of the whole picture to see if he can help.
Answered on Oct 23rd, 2012 at 3:11 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The new charge is extortion. Call the local police and show them the emails threatening to post photos. In California the statutory rape charge doesn't go away for 3 years.
Answered on Oct 23rd, 2012 at 3:10 PM
You cannot file charges, that is what a prosecutor does. You can file a police report and that report will get forwarded to the prosecuting attorney who will make a decision if they will file charges.
Answered on Oct 23rd, 2012 at 3:10 PM
Dennis P. Mikko
Criminal charges are not filed by an individual. They are filed by the prosecuting attorney. In your case, it is not too late to take action. You would report the criminal activity to the police. After the police investigate, they will file a report with the prosecuting attorney. The prosecutor will then decide if criminal charges will be authorized.
Answered on Oct 23rd, 2012 at 3:09 PM