Legal Question in Criminal Law in California

My daughter will be turning 18. The young man that she is friends with is 14. The mother of the boy states that after my daughter turns 18, she is "coming after her". Can the mother file statuatory rape charges even if the boy says nothing has happened (which it hasn't)?


Asked on 10/06/11, 10:24 pm

4 Answers from Attorneys

Daniel Martin Law Office of Daniel K Martin

Fortunately parents do not file charges, prosecutors file charges. The problem is that females generally are treated with more respect than males in the criminal justice system. Just make sure that your son has not had sex with this girl and there is no physical evidence that suggest that they have had sex. That should protect your son from wrongful allegations.

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Answered on 10/06/11, 11:13 pm
Terry A. Nelson Nelson & Lawless

She can try to do so with the police.

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Answered on 10/07/11, 1:54 am
Edward Hoffman Law Offices of Edward A. Hoffman

She can ask the authorities to file charges, but they will only do so if they have solid evidence of a sexual encounter between your daughter and the boy. Her suspicions will not be enough.

Note, though, that "sexual encounter" does not necessarily mean intercourse. Less intimate acts are also illegal.

And don't be so sure that nothing has happened between the two. You may be right, but your beliefs about what has been going on may not be any more justified than those of the boy's mother.

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Answered on 10/07/11, 12:09 pm
Anthony Lowenstein Lowenstein Law Office

The parents cannot file charges - all they can do is inform the Police and hope/ask the District Attorney Prosecutor to file charges. If your assumptions are correct and there is no evidence of a sexual encounter - and the daughter does not even so allege - your son should be safe.

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Answered on 10/07/11, 1:17 pm


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