Legal Question in Criminal Law in California

Re: Settlement before criminal trial

The victim and her mother *can't* settle the criminal case because they are not parties. The criminal case was brought by the state against your friend, and only the state can decide whether and how to proceed. And if your friend thinks the state is going to drop a sexual assault case involving a child victim in exchange for money, he is delusional.

Some misdemeanor cases can be resolved via a civil compromise, in which the defendant pays an agreed sum of money to the victim to compensate for the harm he caused. This procedure is never available in felony cases. Since sexual assault on a minor is a felony, civil compromise is not an option for your friend. Even if it were, the judge would have to approve the compromise and the prosecutor would have a chance to oppose it; this is not something the defendant and the victim can do on their own.

Even if your friend could make this kind of deal, he cannot buy anyone's silence in his criminal trial. If the state wants the victim and her mother to testify it will subpoena them, and neither the judge nor the prosecutor will give a damn about any promise either of them made to keep their mouths shut. Criminal courts protect the interests of society as a whole, and there is no reason a defendant should be able to buy himself an easier trial and put society at risk.

Offering the deal you have in mind would not qualify as extortion, since extorsion is a demand for (not on offer of) a payment. Further, the extortionist gets his payment by threatening to harm the victim or otherwise act in a way the victim wants to prevent, which is not part of your friend's proposal.

But the fact that your plan does not qualify as extortion does not make it legal. It would likely qualify as witness tampering, which is a very serious crime in its own right. If the state found out about your offer (which it would) and decided to prosecute (which it would), both you and your friend would be defendants and would likely spend a long time watching the world through prison bars, even if your friend is acquitted of the sexual assault charges.

This "friend" of yours seems willing to put you at great risk in order to protect himself. You should think very carefully before you decide to do anything for him, and you might want to consider finding new friends and just washing your hands of this guy.