Reporting Statutory Rape in Minnesota

[berthegoat]

My question involves criminal law for the state of: Minnesota

My boyfriend is 22. When he was 18, he had sex with his then-girlfriend, who was almost 16. Since she was 15 this constitutes as statutory rape. They were in a committed relationship for 3 years, but they had a bad break up and he has asked her several times to please stop contacting him. They broke up a year ago. After following him around a grocery store today and talking to him (he ignored her), he contacted her yet again to request that she not contact him anymore. She became very upset and threatened that if he ever talks to her again she will press statutory rape charges.

My boyfriend is in the military, going to college, and has no previous offenses of any kind. Obviously, he and I are now worried about her pressing charges.

My questions are:

- Although this happened three years ago, can she still press charges?
- I read the statute of limitations on statutory rape but am still confused - does she really have nine years to report what happened? If so, we will be worried until she is 24 going on 25!
- If she does press charges, is it likely that he will have this on his record/face jail time/get fines?
- Is it really okay for someone to threaten to press charges like that? I would think that it shows she wasn't truly traumatized and is only pressing charges to be vindictive, and if I'm not mistaken it is still blackmail which is also illegal, but I am unsure if this makes any difference.

Any help would be greatly appreciated. As he and I are both college students, we can't afford a lawyer, and it would be nice if we have real reason to be worried or not. Thanks.

[Dogmatique]

Yes, she can still report it. And yes, he can be prosecuted to the fullest extent of the law which would rule out a military career if he's convicted.

It is very foolish to assume she wasn't truly traumatized. You have absolutely no idea what she did or didn't feel, nor how she feels now. Sometimes the realization that you have been sexually abused doesn't hit you until miles and years down the road.

[berthegoat]

I myself am a rape victim, not of consensual yet legally statutory rape but as an adult against my will, so I already understand how a rape victim feels. And as a rape victim, I would never threaten to report it just because my rapist said something I didn't want to hear or adhere to. I would just report it, simply because I felt that person needed to face justice. Also, as a rape victim, I would not follow my rapist around a grocery store trying to talk to him and flirt with him. I would also not be in constant contact to the point of harassment with my rapist trying to get him back. That is why I said she does not seem to have been traumatized - the only reason she says she will press charges is because he doesn't want to be with her or have anything to do with her anymore.

If he tries to press harassment charges against her, and she has been harassing him, then she will press charges against him for statutory rape. Now he will have to "play nice" with her for the next six years just to avoid having his life ruined. I don't see how that is legal, or moral on her part. I think what she is doing is wrong and that this is a flaw in the justice system, but that is just my opinion I guess. I also think a Romeo and Juliet law should be established in MN as it is in other states and this whole situation could be avoided.

In any case, thank you for your response.

[Dogmatique]

The point being, you have no idea what she's feeling. Statutory rape is quite different from what you experienced and her behavior would NOT be unusual given that she was likely a very confused teen - who thought she was consenting - at the time. In fact her behavior is quite typical.

I'm not sure why you think your beloved is the injured party here. But, no matter - this isn't your legal matter. Your opinion, like mine, matters not.