QUESTION
Is there any way I can drop rape charges?
Asked on Nov 26th, 2013 on Criminal Law - California
More details to this question:
About a month ago, my ex whom I have a baby with, raped me. I didn't want to have police involved but he kept insisting because he felt awful about it. So his grandma called the police and told them what happened. I then talked to police and got a rape kit done. They gave us a no contact order and now I just heard today that the charges went through and he is getting arrested and going to have 5 years to life. Is there anything I can do? I didn't want this and I don't want this no contact order. I still love him and don't want to make it so he can't see his daughter. I don't know what to do. I hope there is something I can do.
7 ANSWERS
Michael J. Breczinski
Talk to the prosecutor about this matter. Also if your testimony would incriminate you then you can refuse to testify.
Answered on Dec 02nd, 2013 at 4:48 PM
John J. Carney
You can ask his lawyer to relay your wishes to the prosecutor or speak at his sentencing. You do not have the right or power to drop charges, that is the prosecutors decision. He will not just dismiss a rape charge, it is a very serious felony. He will probably be a registered sex offender after he gets out of prison. Maybe a good lawyer can get a better plea deal.
Answered on Dec 02nd, 2013 at 4:48 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Once a police report has been made, the allegations and charges are sent to the District Attorney to determine whether to file charges with the court. The decision to file charges, reduce charges, prosecute a case or dismiss a case is solely at the discretion of the District Attorney or Prosecuting Attorney. If you, the "victim", wish to have the charges dropped or dismissed, you should talk with the D.A. However, the final decision will be up to the D.A.
Answered on Dec 02nd, 2013 at 4:28 PM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Not much now. Unfortunately, the system has taken charge of the situation and will run it's punitive course. Certainly, your input - as the victim - must be taken into consideration in terms of how the case is resolved and how the judge handles sentencing, if it gets that far, and it probably will. Since you have given a statement to the police that I assume describes the "rape," that statement was used to file charges, arrest him, and will be used throughout the case - including a trial - even if you refuse to testify or change your story. Truth be told, you should speak to an attorney to explore your options. This is a very complicated situation for both you and your ex. This is what happens when the police and criminal justice system get involved. The criminal justice system is very punitive, and there is very little discretion or compassion any more.
Answered on Nov 27th, 2013 at 4:42 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You can't withdraw charges. You don't have to be a witness if you don't want to. You need to lawyer up, so that you do it right.
Answered on Nov 27th, 2013 at 2:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is now out of your control. I suspect you have made statements. Go to the prosecutor and express your feelings but the decision is up to the authorities.
Answered on Nov 27th, 2013 at 2:13 PM
Nope. Prosecutors will never drop a rape charge simply because the victim has had a change of heart. The fact is, in 90% of all domestic cases the parties reconcile, and the victim has a change of heart. Prosecutors are well aware of this. He needs a good lawyer.
Answered on Nov 27th, 2013 at 2:12 PM