Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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Who'sThatGuy
I do not believe that he is in the clear on the 3 year statute of limitations. If she were 17, making him 22, the DA could still file charges. The DA will have until you reach your 21st birthday to bring charges. Others have said that they don't believe that a DA will file charges, but it will depend on how much your parents know, (or have seen) about your sexual relations, and the feelings of the DA (he/she may have a child of his own).
I was 16 and he was 22 at the time. Now I am 18 and he is 23 going on 24 in the spring.
My parent may have records of the contents of text messages from before I was 18 which may have implied sexual relations.
Is your opinion still the same with this information?
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
Quote:
Quoting
Who'sThatGuy
I do not believe that he is in the clear on the 3 year statute of limitations. If she were 17, making him 22, the DA could still file charges. The DA will have until you reach your 21st birthday to bring charges. Others have said that they don't believe that a DA will file charges, but it will depend on how much your parents know, (or have seen) about your sexual relations, and the feelings of the DA (he/she may have a child of his own).
To clarify, for PC 261.5 it's three years from the act, not like with other sex crimes that don't start ticking down until age 18. It is still within the 3 year time frame as it stands now. But, if there are other allegations of any time until she turned 18, THOSE can be made and still good. So, until SHE is 21, she can't be entirely clear of her BF being charged if they had sex at any time leading up to her 18th birthday.
From a prosecutorial perspective, pursuing a case against two former teens now adults, with no evidence except for implied text messages, and with a delayed reporting solely to manipulate a family member, I cannot imagine it would be filed. It's clear that the sexual activity was of no concern 2 years ago, so why now? This is the kind of case that an overworked and understaffed DAs office does not need to worry about. Possible to prosecute, yet highly improbable.
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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cdwjava
To clarify, for PC 261.5 it's three years from the act, not like with other sex crimes that don't start ticking down until age 18. It is still within the 3 year time frame as it stands now. But, if there are other allegations of any time until she turned 18, THOSE can be made and still good. So, until SHE is 21, she can't be entirely clear of her BF being charged if they had sex at any time leading up to her 18th birthday.
I have a few questions: (Just to clarify, as of right now, I am 18, almost 19.)
1.) So if there are allegations that we had intercourse MORE than once (before my 18th birthday), then those times could still be used against him after i turn 19, therefore prolonging the SOL to 21 years old ( 3 years from the time I turned 18, not from the time of the act(s) )?
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
Oh for Pete’s sake. Either let go of your parents teat and pay your own way in life or do what they say so they will pay for school or whatever. This is getting rediculous.
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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jk
Oh for Pete’s sake. Either let go of your parents teat and pay your own way in life or do what they say so they will pay for school or whatever. This is getting rediculous.
I appreciate the hard truth, but as far as I am concerned, you have yet to give real legal advice- only leeching onto others comments with judgments. And quite frankly, this is not why I am on here, so please... If you have no input regarding legal matters on the situation at hand, please do not continue with responding to things that I have already heard regarding "their house, their rules".
Thank you
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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Camryn2212
I have a few questions: (Just to clarify, as of right now, I am 18, almost 19.)
1.) So if there are allegations that we had intercourse MORE than once (before my 18th birthday), then those times could still be used against him after i turn 19, therefore prolonging the SOL to 21 years old ( 3 years from the time I turned 18, not from the time of the act(s) )?
ANY sexual relations prior to age 18 by a man 3+ years older than you is a potential felony, and is most often charged as such IF charged at all. The question would be whether or not there is any proof of sexual relations. Even an admission from the two of you is often not sufficient for a DA to go to trial since they are not likely to get either of you to testify to it, and a lone text message or email is not always reliable for a host of reasons.
Look, you can either continue to live in fear and stay away from your BF for the next one to three years, or, you can move out so that your parents no longer have this kind of control over you. I suppose you could call their bluff and hope he doesn't get in trouble, but that's your gamble.
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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Quoting
cdwjava
ANY sexual relations prior to age 18 by a man 3+ years older than you is a potential felony, and is most often charged as such IF charged at all. The question would be whether or not there is any proof of sexual relations. Even an admission from the two of you is often not sufficient for a DA to go to trial since they are not likely to get either of you to testify to it, and a lone text message or email is not always reliable for a host of reasons.
Look, you can either continue to live in fear and stay away from your BF for the next one to three years, or, you can move out so that your parents no longer have this kind of control over you. I suppose you could call their bluff and hope he doesn't get in trouble, but that's your gamble.
Gotcha, that was helpful information. Thanks
Re: Blackmailed by Parent to Charge Boyfriend with Statutory Rape
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Quoting
Camryn2212
I was 16 and he was 22 at the time. Now I am 18 and he is 23 going on 24 in the spring.
My parent may have records of the contents of text messages from before I was 18 which may have implied sexual relations.
Is your opinion still the same with this information?
Yes.
Quote:
Quoting
cdwjava
ANY sexual relations prior to age 18 by a man 3+ years older than you is a potential felony, and is most often charged as such IF charged at all. The question would be whether or not there is any proof of sexual relations. Even an admission from the two of you is often not sufficient for a DA to go to trial since they are not likely to get either of you to testify to it, and a lone text message or email is not always reliable for a host of reasons.
Look, you can either continue to live in fear and stay away from your BF for the next one to three years, or, you can move out so that your parents no longer have this kind of control over you. I suppose you could call their bluff and hope he doesn't get in trouble, but that's your gamble.
I wasn't saying that the act took place when she was 16 and he 20. What I was referring to was, if she was 17 and he were 22, and mom had proof that there was sexual activity, the statute of limitations is still in effect for 3 years from when she was 17 as this most likely would be treated as a felony due to the age differences.