How can I impede charges for statutory rape? 38 Answers as of August 23, 2012

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?

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Law Office of Christopher G Humphrey PC | Christopher G Humphrey
Yes he can be charged, and no you cannot prevent charges, but you can tell the prosecutor that you don't want charges pressed. If you provided evidence that tended to show that you had sex with him while you were under the age of 18, there is a high likelihood of prosecution.
Answer Applies to: Wyoming
Replied: 8/23/2012
Larry K. Dunn & Associates | Larry K. Dunn
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.
Answer Applies to: Nevada
Replied: 8/23/2012
The Law Offices of Stephen L. Richards | Stephen L. Richards
No. The charges can be made.
Answer Applies to: Illinois
Replied: 8/22/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
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.
Answer Applies to: California
Replied: 8/22/2012
Law office of Robert D. Scott | Robert Scott
The State's Attorney determines whether or not prosecute criminal charges.
Answer Applies to: Maryland
Replied: 8/22/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, the age of consent is 16 in Michigan. No law was broken
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    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.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The age of consent in Alabama is 16. If you were 17 and the sex was consentual, there should be no charges.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you were 17 then it is not statutory rape. You have the right to consent to sex after age 17 and your father cannot press charges. You should make sure that a man you are involved with is intelligent, kind, honest, successful, and faithful or it is not worth your time.
    Answer Applies to: New York
    Replied: 8/22/2012
    Reza Athari & Associates, PLLC | Seth L. Reszko
    This state calls statutory rape - statutory seduction. It is committed by an individual who is 18 or older towards one who is 16 or less. As a result, unless there was an assault, (not consensual), I don't believe the DA will file charges against your boyfriend.
    Answer Applies to: Nevada
    Replied: 8/22/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    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.
    Answer Applies to: Utah
    Replied: 8/22/2012
    Steven Alpers | Steven Alpers
    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.
    Answer Applies to: California
    Replied: 8/22/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If this incident happened in Michigan, the age of consent is 16 and there is no case.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They would need at least some information from you so just don't talk to the cops. As for moving out you cannot until your 19.
    Answer Applies to: Nebraska
    Replied: 8/22/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The age of consent in Minnesota, generally speaking, is 16. As a result, no crime has been committed so long as the actor was not in a position of authority , such as a coach or teacher.
    Answer Applies to: Minnesota
    Replied: 8/22/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    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.
    Answer Applies to: California
    Replied: 8/22/2012
    Leonard A. Kaanta, P.C. | 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.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Your father cannot press statutory rape charges when you were 17 years old. You need to be under the age of 16 for stat rape to exist. So, you have no worries.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    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.
    Answer Applies to: Pennsylvania
    Replied: 8/22/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    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.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Statutory rape is not the appropriate charge here. The age of consent is 16 in Kansas, so at 17 you can consent to sexual activity even if your father doesn't approve. As long as you consented, your boyfriend could not be charged with rape.
    Answer Applies to: Kansas
    Replied: 8/22/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. The charges can be brought even over your objection. But how will they prove it if you don't cooperate?
    Answer Applies to: New York
    Replied: 8/22/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    17 is the age of consent in NY
    Answer Applies to: New York
    Replied: 8/22/2012
    Randall M. England, Attorney at Law
    Randall M. England, Attorney at Law | Randall M. England
    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.
    Answer Applies to: Missouri
    Replied: 8/22/2012
    Dennis P. Mikko Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    You should sit down with a criminal defense atorney [yours and not with the BF as that is a waiver of your rights to confidentiality]. Impede? Not sure what you mean. Nothing says that you ave to talk to anyone, including a cop. Sex between you and the BF prior to you reaching the age of consent, is pretty serious. Can bea felony [I'll let you look at penal cde 261.5]. Can require life time registration as a sex offender. Charges made? One could try , that does not equal a conviction for anything. Dad cannot "press charges" as that is upto the DA. Your rights? As stated above, you do not have to tell to anyone about anything you wish not to.
    Answer Applies to: California
    Replied: 8/22/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    If you were over 16 in New Jersey at the time of the "act", there is no rape. If you say there was no rape, your dad cannot do anything about it.
    Answer Applies to: New Jersey
    Replied: 8/22/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Your boyfriend is in serious trouble. You should have counsel, and so should he. You are entitled to refuse to talk to the police. If you are subpoenaed (ordered) to attend a court proceeding, such as a grand jury or a trial, then you can be required to answer questions. The state is less likely to proceed against your boyfriend if you refuse to cooperate, but your cooperation is not strictly required.
    Answer Applies to: Oregon
    Replied: 8/22/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    The age of consent in Mississippi is 16, unless the older person is a teacher, preacher or other similar person in a position of trust. So if you were 17 when you and your boyfriend had sex, it was not statutory rape unless he was your teacher, or preacher, or in a similar position of trust.
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    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.
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Ascheman & Smith | Landon Ascheman
    From the details provided you could not press charges in the state of Minnesota.
    Answer Applies to: Minnesota
    Replied: 8/22/2012
    Mary W Craig P.C. | Mary W Craig
    Your father can ask the DA to press charges, but the DA does not have to do so. The fact that you are 17 and sleeping with a 27 yo boyfriend is a problem, and I can understand why your father is upset. You cannot stop him from speaking with the DA, but when the DA talks to you, you can explain that everything was consensual and that you do not wish to testify against your boyfriend. y us by telephone at the above number and destroy the original message.
    Answer Applies to: Alabama
    Replied: 8/22/2012
    Castro, Rivera & Associates | Sandra Rivera
    If you are 18 now then in Florida they're going to need your cooperation and participation in order to proceed. I'm assuming no one witnessed it so they won't be able to prove it.
    Answer Applies to: Florida
    Replied: 8/22/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    The age of consent in Georgia is 16, so if you were 17, your boyfriend could legally have sex with you.
    Answer Applies to: Georgia
    Replied: 8/22/2012
    T.K. Byrne | Timothy K. Byrne
    You may have been above the age of consent at the time of the act
    Answer Applies to: Mississippi
    Replied: 8/22/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    Since you are 18 your father has no say. You can state that you will not bring the charges and stick by your guns.
    Answer Applies to: Rhode Island
    Replied: 8/22/2012
    Flood Lanctot Connor Stablein, PLLC
    Flood Lanctot Connor Stablein, PLLC | Paul J. Stablein
    If the victim engages in consensual sexual relations after her 16th birthday, no statutory rape charges can be brought. 16 is the age of consent in the State of Michigan
    Answer Applies to: Michigan
    Replied: 8/22/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Yes you are the one who will determine if the case should be prosecuted or not, not your father. You are now considered an adult.
    Answer Applies to: Illinois
    Replied: 8/22/2012
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