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  1. #1
    Join Date
    Aug 2012
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    3

    Default Can You Get a Statutory Rape Case Dropped if the Victim Claims She Was 16

    My question involves criminal law for the state of: Oklahoma

    My Dad pressed charges on my boyfriend and the DA took it over my dad thought we were having sex because we were talking about sex on facebook and even acted like I was pregnant because his ex girlfriend got on his facebook and I wanted to make her mad, The police didnt question me or anything they only talked to my dad which Im sure he made it way worse and exagerated, after they left I told my dad that we had sex at 16 the age of consent, not at 15 he told me to shutup and say I was 15 when we had sex so he could get charged the next day my dad took me to a care cottage thing and told me to say 15 or I would be kicked out the house so out of fear I told them we had sex when I was 15, anyways I felt really bad later on and couldnt take it so I told my dad I was going to tell the police or the DA i was 16 so of course I got kicked out the house and now live with my other relitive, my boyfriend was charged with 2 counts of statutory rape (2nd degree rape) hes 20 and he has a good lawyer that used to be the asst DA he has his preliminary hearing coming up and I have been to sebpuena to testify, I am going to testify that we had sex when I was 16 over the age of consent and i have some evidence to prove it. My question is what can I expect from this and what can my boyfriend expect from all of this? Will the charges get dropped or will the DA want to give him a good plea bargain, my boyfriend said he would not accept any plea bargain other then trespassing, also if this goes to trial what can we expect? as i really dont want it to I dont think I can handle anymore of this. Thanks for your help.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,783

    Default Re: Will This Case of Statutory Rape Get Dropped

    without some proof of activity while you were 15, there isn't a lot the prosecutor can do to prosecute the case. Whether your "joking about being pregnant" along with your statement you were 15 and anything else they may discover is enough to convict him is something he should be speaking with his attorney about.

    I have not looked to see what other charges your BF may face but there are generally some other valid offenses available, even if statutory rape isn't.

  3. #3
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Will This Case of Statutory Rape Get Dropped

    okay so what is likey to happen, he pleaded not guilty

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    74,861

    Default Re: Will This Case of Statutory Rape Get Dropped

    He'll either plea bargain or he won't; if he goes to trial he'll either be convicted or acquitted; if he pleads guilty to something or is convicted he'll be sentenced for that crime....

    For details, you will have to wait and see what happens.

  5. #5
    Join Date
    Aug 2012
    Posts
    3

    Default Re: Will This Case of Statutory Rape Get Dropped

    so its not likey that the charges wont get dropped? because we did have sex when i was 16 and the age of consent in oklahoma is 16 so he didnt commit any crime

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,072

    Default Re: Will This Case of Statutory Rape Get Dropped

    They might get dropped, they might not. The DA may feel that your earlier admission to having underage relations coupled with any other statements or Facebook postings is enough. Who knows?

    But, even if legal age, Romeo can still be in trouble for encouraging a child to be out of the control of their parent(s). You might also expect the court to tell him not to see you again if that is what mom and dad want. I suspect this relationship is done ... at least until you are 18, and by then I suspect he will have moved on.
    A Nor Cal Cop Sergeant

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