QUESTION

How can I get 3 charges of rape dropped?

Asked on Mar 14th, 2013 on Criminal Law - Massachusetts
More details to this question:
Iโ€™m a minor and the guy Iโ€™m with is an adult with 3 rape charges filed against him. How can I get them dropped?
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11 ANSWERS

Michael J. Breczinski
You can't if you are under the age of consent.
Answered on Mar 19th, 2013 at 12:19 PM

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John J. Carney
You should retain a good criminal lawyer to defend you. Tell the lawyer the truth and he will advise you on how to handle such serious charges. If you are convicted of rape you are going to get a prison sentence.
Answered on Mar 17th, 2013 at 9:31 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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First of all, are you the "victim" involved in the rape charges? If charges were brought against the adult by someone other than you, there is not much you can do. If you brought the charges against him, you may be able to talk to the D.A., but the chances of the charges being dropped are slim.
Answered on Mar 15th, 2013 at 6:16 AM

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Criminal Law Attorney serving Oakland, CA at Law Office of Jared C. Winter
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Contact the prosecutor.
Answered on Mar 15th, 2013 at 5:42 AM

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As a minor, you cannot drop a statutory rape charge if you are the victim. If it was falsely reported you can tell the police and they will make a report for the District Attorney to decide to drop the case or not.
Answered on Mar 14th, 2013 at 8:23 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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It's up to the prosecutor to file and dismiss charges. You can offer your input which they can take into consideration, but at the end of the day the decision is their's alone. They can proceed without your cooperation by court ordering you to appear and testify, although they don't really like to do that. It also depends on how strong or weak the case is which can dictate if charges will be dropped or reduced.
Answered on Mar 14th, 2013 at 8:11 PM

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Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA at Murchison & Cumming, LLP
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What's your age difference? If more than 5 years, state might not drop the charges. Otherwise, if you don't show up in court, state will probably drop the charges. Also, you can send a letter to the state prosecutor asking that the charges be dropped, and withdrawing any complaints. If your parents filed the charges, you will probably not be able to drop or withdraw them if your parents don't consent. Of course, the ultimate decision will depend on the prosecutor. For the most part they are too busy with other cases to bother with the ones where the victim does not want to press charges. However, since this is a criminal matter, the prosecutor does have the discretion to pursue it, even if you want to drop charges. If so, you will be subpoenaed into court, and subject to arrest for not showing up. You will have to answer the questions truthfully if you are called to the stand. Your answers will probably be sufficient to convict on the statutory rape charges, which are based entirely on your age below age of consent. The only potential defense to the defendant is if he "actually and reasonably believed" you were over the age of consent. If you say you told him you were 18, and have photos showing that you "looked" over 18 at the time, then that could serve as a complete defense to the defendant. It will probably still require a jury trial to get to that point.
Answered on Mar 14th, 2013 at 1:37 PM

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You cant. What do you think this is Lord of the Rings? You can just drop charges? Stop dreaming. Yo are not the DA.
Answered on Mar 14th, 2013 at 1:35 PM

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Thomas Edward Gates
You cannot. Even if you were not raped, an adult having sex with a minor is against the law.
Answered on Mar 14th, 2013 at 1:34 PM

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Geoffrey MacLaren Yaryan
You can refused to testify .
Answered on Mar 14th, 2013 at 1:34 PM

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More is needed out of this question. Do the rape charges stem from his relationship with you? Are the rape charges of the statutory nature (sexual intercourse with a minor)? If the man has been charged with three counts of rape, he should retain a criminal defense attorney to represent him in this matter.
Answered on Mar 14th, 2013 at 1:33 PM

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