Legal Question in Appeals and Writs in California

My parents took my boyfriend to court to have him convicted of statutory rape. At the time I was 15 years old and my boyfriend was 18. He served a sentence of 6 months in jail and a restraining order was put on him. I am now 18 years old and he is 21 and we are planning on getting back together now that the restraining order has been terminated. Seeing as we want to have a family and are both in school and will require occupations, I was curious what we can do to get the conviction taken off his record? He is working on getting the case re-opened and I wanted to know if there is anything I can personally do to help get it off his record? Seeing as I was the supposed "victim" will me making a statement or anything of that nature help the situation?


Asked on 3/01/10, 6:08 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Sex with a minor is rape because minors cannot legally consent to it. You can consent to sex now, since you are no longer a minor. But decisions you make today do not retroactively change the fact that you were a minor at the time of the crime. What matters is that you didn't give valid consent before he had sex with you. How you feel about it now is irrelevant.

There may be other grounds on which your boyfriend can attack his conviction, but I don't think your continued desire to be with him will make any difference.

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Answered on 3/06/10, 6:16 pm


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