Blackmailed by Parent to Charge Boyfriend with Statutory Rape

[Camryn2212]

My question involves criminal law for the state of: California


I am somewhat familiar with Penal Code 261.5 and I believe my case in particular is 261.5(c)

I was 16 and he was 22 (more than three years apart) at the time we had intercourse. I am now 18 (he is 23 going on 24 in the spring), we are still together, and my parent is blackmailing my boyfriend. If I defy my parent (i.e want to sleep over at my boyfriends house but my parent does not allow it, want to go on vacation with my boyfriend and my parent doesn't allow it but i do it anyways, etc.), my parent will take matters into their own hands and try to go about bringing up legal matters regarding statutory rape and jeopardizing his life. It scares me because even, for example, in 4 years (me 22, him 26) when I am gradated from college, say I want to move in with my boyfriend/buy a house with him. If my parent does not see fit, my parent with threaten to take things into their own hands and do anything from preventing me from doing what it is they don't want me to do (a.k.a using statutory rape against him as blackmail for me not to do it)

My questions are:
1.) What is the stature of limitation for my situation? I believe once I turn 19, my boyfriend will be in the clear from prosecution, but I am not 100% about that
2.) If not 19, at what age will I be freed of this blackmailing situation?

Keep in mind that I DO NOT AGREE WITH MY PARENT AT ALL.

[cdwjava]

My questions are:
1.) What is the stature of limitation for my situation? I believe once I turn 19, my boyfriend will be in the clear from prosecution, but I am not 100% about that
2.) If not 19, at what age will I be freed of this blackmailing situation?

Keep in mind that I DO NOT AGREE WITH MY PARENT AT ALL.

First off, the odds of the police or the DA being interested in a 2 year old stat rape charge (felony or not) for which there is no evidence is slim.

The SoL for felony PC 261.5 is three years from the time of the offense, though there could (slim chance) be some exceptions that could theoretically apply. For the most part, no DA is going to waste time with this.

I doubt that mom and dad will be able to make anyone act on an old issue now that both of you are adults. But, keep in mind that there is an old adage that many of us had to grow up with: "My house, my rules." If you do not like your parents rules, move out. If you move out,they will not know when you're hooking up and when you're not. Until you move out, you can choose to live under their rules or you can suffer the slings and arrows they might throw at you.

[Mercy&Grace]

You do not have to live at home once you turn 18. When you move out be sure you do not need any info from your parents to help pay for your college. Also be sure you are making enough money to support yourself. It is far more expensive than you think.

[adjusterjack]

Keep in mind that I DO NOT AGREE WITH MY PARENT AT ALL.

You're 18.

You're an adult. You know everything.

Move out.

Kiss college goodbye because you'll have to work.
Make sure you don't get pregnant.
Count on your boyfriend dumping you as soon as he realizes he no longer has the freedom that he had when you were living at home and he didn't have any obligations.

You think life is tough living with parents?

It's 100 times tougher when you are out in the world trying to survive.

[jk]

My question involves criminal law for the state of: California


I am somewhat familiar with Penal Code 261.5 and I believe my case in particular is 261.5(c)

I was 16 and he was 22 (more than three years apart) at the time we had intercourse. I am now 18 (he is 23 going on 24 in the spring), we are still together, and my parent is blackmailing my boyfriend. If I defy my parent (i.e want to sleep over at my boyfriends house but my parent does not allow it, want to go on vacation with my boyfriend and my parent doesn't allow it but i do it anyways, etc.), my parent will take matters into their own hands and try to go about bringing up legal matters regarding statutory rape and jeopardizing his life. It scares me because even, for example, in 4 years (me 22, him 26) when I am gradated from college, say I want to move in with my boyfriend/buy a house with him. If my parent does not see fit, my parent with threaten to take things into their own hands and do anything from preventing me from doing what it is they don't want me to do (a.k.a using statutory rape against him as blackmail for me not to do it)

My questions are:
1.) What is the stature of limitation for my situation? I believe once I turn 19, my boyfriend will be in the clear from prosecution, but I am not 100% about that
2.) If not 19, at what age will I be freed of this blackmailing situation?

Keep in mind that I DO NOT AGREE WITH MY PARENT AT ALL.

as another said;

you are 18


pack your bags and move out of your parents home. You can do whatever you want after you’re on the other side of their door. While you live with them, even though you are legally an adult, they get to make the rules for their home. If you don’t like it; leave.

[LegalWriter]

My question involves criminal law for the state of: California


I am somewhat familiar with Penal Code 261.5 and I believe my case in particular is 261.5(c)

I was 16 and he was 22 (more than three years apart) at the time we had intercourse. I am now 18 (he is 23 going on 24 in the spring), we are still together, and my parent is blackmailing my boyfriend. If I defy my parent (i.e want to sleep over at my boyfriends house but my parent does not allow it, want to go on vacation with my boyfriend and my parent doesn't allow it but i do it anyways, etc.), my parent will take matters into their own hands and try to go about bringing up legal matters regarding statutory rape and jeopardizing his life. It scares me because even, for example, in 4 years (me 22, him 26) when I am gradated from college, say I want to move in with my boyfriend/buy a house with him. If my parent does not see fit, my parent with threaten to take things into their own hands and do anything from preventing me from doing what it is they don't want me to do (a.k.a using statutory rape against him as blackmail for me not to do it)

My questions are:
1.) What is the stature of limitation for my situation? I believe once I turn 19, my boyfriend will be in the clear from prosecution, but I am not 100% about that
2.) If not 19, at what age will I be freed of this blackmailing situation?

Keep in mind that I DO NOT AGREE WITH MY PARENT AT ALL.

The SOL as cdwjava told you is 3 years if the offense is charged as a felony. It can be charged as a misdemeanor which has one-year SOL that's obviously expired. If reported to police by parents dealing with a now-adult child, it's unlikely charges would be filed. Further, their threats to accuse your boyfriend of a crime in order to get you to do what they want could be considered to constitute extortion. Lastly, unless you parents walked in on you, the DA can't prove a case without your testimony or an admission to law enforcement by your boyfriend.

[Camryn2212]

The SOL as cdwjava told you is 3 years if the offense is charged as a felony. It can be charged as a misdemeanor which has one-year SOL that's obviously expired. If reported to police by parents dealing with a now-adult child, it's unlikely charges would be filed. Further, their threats to accuse your boyfriend of a crime in order to get you to do what they want could be considered to constitute extortion. Lastly, unless you parents walked in on you, the DA can't prove a case without your testimony or an admission to law enforcement by your boyfriend.

What if my parent had records of our text messages which could have implied sexual intercourse at the time? Would that be enough evidence especially with the time that has gone by for my parent to pursue charges?

[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).

[Camryn2212]

First off, the odds of the police or the DA being interested in a 2 year old stat rape charge (felony or not) for which there is no evidence is slim.

The SoL for felony PC 261.5 is three years from the time of the offense, though there could (slim chance) be some exceptions that could theoretically apply. For the most part, no DA is going to waste time with this.

I doubt that mom and dad will be able to make anyone act on an old issue now that both of you are adults. But, keep in mind that there is an old adage that many of us had to grow up with: "My house, my rules." If you do not like your parents rules, move out. If you move out,they will not know when you're hooking up and when you're not. Until you move out, you can choose to live under their rules or you can suffer the slings and arrows they might throw at you.

What if my parent had records of our text messages which could have implied sexual intercourse at the time? Would that be enough evidence especially with the time that has gone by for my parent to pursue charges?

And I live in dorms at my university which is 4 hours away, so I have freedom when i'm there,but my older sibling has her friends living in my area keeping tabs on me and for my parent to find out if i'm at his place spending the night or something. My parent wouldn't allow this and would threaten to blackmail my boyfriend if I continued to defy him and spend the night.. 4 hours away! I really do not have freedom. Yes, I know I could start paying my own tuition, etc. and be on my own without any financial support, but my parent would still try to control aspects of my life until my parent deems im ready to be independent. I could have a million dollars at my age now and want to go on a summer vacation with my boyfriend, but if my parent does not "approve", he/she would take matters into their own hands and threaten my boyfriend. Its just a manipulative/control mechanism used to scare into doing things my parent wants/does not want me to do regardless if it involves my boyfriend which has been working and I hate it. This is why I just want to know if blackmailing my boyfriend is even an accurate threat that could be pursued.

[cdwjava]

What if my parent had records of our text messages which could have implied sexual intercourse at the time? Would that be enough evidence especially with the time that has gone by for my parent to pursue charges?

Again, the DA is unlikely to pursue the matter after two years. It is just as likely that the DA will see the sudden complaint as an attempt to coerce you and he into doing what they want. And, as LegalWriter points out, while it is theoretically possible to make an extortion case against mom and dad for this, proving the elements of extortion (that what they wanted was something of value or an official act) might be tough. I worked almost nothing but 261.5 and abuse cases for a few years, and saw this exact scenario played out a dozen or more times with no charges against the threatening parents, and no charges against the now consenting adults. However, that is not to say that mom and dad cannot make your life miserable - they can. So, it seems you may have a choice to make: Move out and hit the road on your own, or, take your chances and cross your fingers that mom and dad are bluffing AND that they won't kick you out on your ear for not obeying them. It sucks, but you are now an adult and sometimes that means making hard adult decisions.