QUESTION
How can I impede charges for statutory rape?
Asked on Aug 20th, 2012 on Criminal Law - Michigan
More details to this question:
I am now 18. My father wants to press the charges for statutory rape against my boyfriend. I was 17 at that time. I want to move out and that is the reason he wants to press charges. My boyfriend who may be facing the charges is 27 years old. Do I have any legal rights to stop the charges? Can the charges even be made?
19 ANSWERS
A victim does not have the power to prevent charges being filed or "drop charges". If a person violates the law, it is up to the prosecutor to charge or pursue the matter. A victim may influence the prosecutor's decision.
Answered on Aug 23rd, 2012 at 4:07 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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The charges can be made but you have to cooperate for them to stick. Tell the police you don't want to cooperate. Also, if you marry your boyfriend that puts an end to the possibility of charges.
Answered on Aug 22nd, 2012 at 1:09 PM
No. The charges can be made.
Answered on Aug 22nd, 2012 at 1:09 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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How can I impede charges? You can't. The boyfriend will get to defend them if brought. Police will investigate the charges, and you can give your statement and opinion at that time. If you boyfriend is serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. His defense strategy would be to present your opposition as early as possible. But HE should exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.
Answered on Aug 22nd, 2012 at 1:07 PM
1 Award
In Utah, in order for it to be statutory rape, your boyfriend must be more than 10 years older than you. If you're 18 now, and he is 27, it doesn't sound like he meets the definition. To impede any charges, I would not cooperate with any questioning by the police or the prosecutor. Tell them you are not going to answer the questions and then walk away.
Answered on Aug 22nd, 2012 at 1:02 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot give you exact advice because I don't know the facts and you should not reveal them on the internet. If the was a baby born it may be difficult to stop the prosecution, they would get dna evidence. If no child was born unless he could testify, because he came in on you in the bedroom during the act, he could be the witness. If he did not see you in bed having intercourse then you would have to testify. Then you could tell the DA you do not want to testify.
Answered on Aug 22nd, 2012 at 1:01 PM
Michael J. Breczinski
If this incident happened in Michigan, the age of consent is 16 and there is no case.
Answered on Aug 22nd, 2012 at 12:49 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If someone makes a complaint to the cops, they may proceed with the case. If you don't talk to the cops, nothing can happen.
Answered on Aug 22nd, 2012 at 12:46 PM
Leonard A. Kaanta
Yes they can be made, you were a minor, charges are brought in the name of the People of the State of Michigan.
Answered on Aug 22nd, 2012 at 12:45 PM
4 Awards
A person cannot be charged with Pennsylvania Statutory Rape for having sex with a seventeen year old. You are too old. Corruption of Minors could apply, however. You should talk directly with a good lawyer.
Answered on Aug 22nd, 2012 at 12:40 PM
No you have no legal right to stop a charge. With that said, the boy's father also has no right to file charges. Only the prosecutor can file charges. You all are just witnesses.
Answered on Aug 22nd, 2012 at 12:37 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. The charges can be brought even over your objection. But how will they prove it if you don't cooperate?
Answered on Aug 22nd, 2012 at 12:36 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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17 is the age of consent in NY
Answered on Aug 22nd, 2012 at 12:34 PM
The biggest impediment would be the fact that statutory rape in Missouri is defined as having sexual intercourse with another person who is LESS than seventeen years of age.
Answered on Aug 22nd, 2012 at 12:33 PM
Dennis P. Mikko
In Michigan, the legal age of consent is 16. Therefore, if the alleged "rape" occurred when you were 17 and it was consentual, there can be no charges. Besides, it is not your father who has to authorize criminal charges. Only the prosecuting attorney can authorize criminal charges.
Answered on Aug 22nd, 2012 at 12:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are an adult and can move out. You should see an attorney with the details but, given the circumstances, in my opinion it is doubtful that the prosecutor would bring charges on complaint.
Answered on Aug 22nd, 2012 at 12:13 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Since you are 18 your father has no say. You can state that you will not bring the charges and stick by your guns.
Answered on Aug 22nd, 2012 at 12:03 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You may have been above the age of consent at the time of the act
Answered on Aug 22nd, 2012 at 12:03 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, the age of consent is 16 in Michigan. No law was broken
Answered on Aug 22nd, 2012 at 12:01 PM