Legal Question in Criminal Law in California

We live in Texas and our son went to Bakersfield, CA to visit his girlfreind on his 18th birthday. While he was their her father allowed and encouraged him to move in with them. This was in March. The father and daughter have not been getting along and one night there were words said between them. They were going to leave and the father told them that if they tried to leave that he would have our son charged with statutory rape. Can he do this when he was the one that encouraged him to move in? He knew how old his daugter was (17) when our son moved in.

Asked on 6/13/11, 3:10 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Private citizens cannot bring criminal charges. All they can do is make a report to the authorities and ask them to bring charges.

Yes, the girl's father can make such a request. If your son committed a crime, then the actions of the victim's father have no bearing on whether he should be prosecuted.

If the father presents credible evidence that his daughter had sex with your son in California while she was underage, the D.A. may very well press charges. But he might also charge the father with a variety of offenses, both for facilitating the unlawful sex and for blackmailing your son with a threat of criminal charges.

Answered on 6/13/11, 3:17 pm

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