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  1. #1

    Default Can My Boyfriend Be Prosecuted for Statutory Rape

    My question involves criminal law for the state of: California

    My boyfriend and I have been dating for 2 years. He is quite a bit older than I am (he is 45, I am 20). Though we started our relationship after I was 18, we did text back and forth prior to my 18th birthday. My mom took my phone and read my texts but never moved forward with prosecuting him. Now that I've revealed to my parents that we are ready to move in together, they are threatening to take my boyfriend to court (my mom says that she's saved the texts on documents).

    Is this something that I need to be concerned about? How do I prove that this is not a case of statutory rape? How do I protect my boyfriend from something that is being acted on out of spite and anger?

  2. #2
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    Your parents are blowing smoke.

    Sure, texting someone underage is never a good idea, but that comes nowhere near statutory rape.

  3. #3

    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    I know that her intentions are to claim statutory rape through the suggestive, flirty texts. We obviously specifically waited until I was already 18 because I know how she is; we wanted to protect ourselves. However, she's claiming that she's got "attorney" friends who say otherwise. Is there anything that my boyfriend might be at risk for?

  4. #4
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    Honestly? Not a darned thing. You're an adult, he's an adult, and there's no proof whatsoever that you had underage sex.

    Think of it this way - if she actually had something, she would've done something about it surely? Instead of merely threatening you?

    Out of curiosity what is it she's wanting to accomplish here?

  5. #5

    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    I hear you, my brain is just sort of in panic mode right now--I guess moms tend to have that effect. It's hard to me to step back and look at the situation from a logical perspective.

    I'm not entirely sure what her motives are, she keeps saying that she's going to do it for "all of those girls who are afraid to speak up", which is clearly some sort of deluded, self-righteous idea that she has in her mind. She wants to punish him for being in contact with me when I was a minor...she keeps referring to him as a pedophile.

    She clearly just strongly disapproves of our relationship and will pretty much do whatever she thinks she can do to stop it.

  6. #6
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    Oh please - it might not be everyone's cup of tea, but this is not pedophilia!

    Move on with your life. Hopefully Mom will come around and get her head on straight

  7. #7
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    Time to start slowly moving your belongings out.

  8. #8

    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    I just overheard them say that they will be taking the texts to the sheriff's department on Monday to start moving forward.

    Their plan is to make a blow to him financially because they think that he's manipulated me ever since I was 17 and that he took advantage of me when I was younger...

    Is there anything that would make my boyfriend have to hire an attorney?

  9. #9
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    Quote Quoting cabaretkitty
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    I just overheard them say that they will be taking the texts to the sheriff's department on Monday to start moving forward.

    Their plan is to make a blow to him financially because they think that he's manipulated me ever since I was 17 and that he took advantage of me when I was younger...

    Is there anything that would make my boyfriend have to hire an attorney?


    I honesty cannot understand why they're doing this. The chances of him being prosecuted are, in my opinion, virtually nil. IF by some chance your boyfriend is served or arrested, do let us know.

    If that happens, he should speak with an attorney.

  10. #10
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    Default Re: Can My Boyfriend Be Prosecuted for Statutory Rape

    If you're ready to move in together....time to get packing and moving quietly (your parents do have to leave the house at times, right?)

    Your parents may try the "you can only take what you bought yourself" thing - so get those out first. Get a storage unit if you need to.

    They may tell you that you can't take anything they purchased for you (bed, dresser, etc). Be prepared for that.

    While mom and dad are gone...get a small UHaul if you have to, and get stuff out.

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