Legal Question in Sexual Harassment in California

Circumstance: A friend, male aged 26 (FRED), had sex with a minor, female aged 17 (WILMA) approx. 18 months ago cheating on his wife (BETTY) in the process. Fred and Wilma are close family friends and have known each other for 10+ years. The two families are VERY close. According to Fred the sex was more than consensual. A few days, 3-5 days, after the sex, Wilma apparently had mixed feelings about it and told her parents. The parents of Wilma were very upset, threatened to pursue legal action if Fred were to every contact her again. They immediately cut all ties to each other, both families, and haven't really spoken of the event since. 18 months later to the present, no criminal charges were filed, Fred and Betty are divorced and Fred has no contact with Wilma or her family.

ISSUE: For the past 18+months Fred's ex-wife has been using this information to manipulate and blackmail him into getting her way with everything from how much child support he pays her, custody of their 4 yr. old daughter, visitation rights, personal property from the divorce, etc! When she doesn't get what she wants she threatens to go to the police and pressing charges against Fred for having sex with a minor. She claims Wilma's family has given her written authorization to pursue legal charges against him if and when Betty wishes.

QUESTION: Can Betty (ex-wife) file charges against Fred, who doesn't deny having sex with Wilma while she was 17? Wilma never claimed he raped or molested her or did anything remotely close to this, just that they had sex and she wasn't sure if she wanted to after the fact...

PLEASE HELP!!! Fred's daughter is now the one suffering at the hands of his ex-wife's manipulation not allowing Fred to see his daughter, etc. when Betty decides she's upset or annoyed with Fred.


Asked on 5/14/12, 10:50 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The family has no power to give "authorization" to anyone to bring charges, but anyone with information can report a crime to the police, including his family.

He needs to consult with a family law attorney about the custody and support and divorce part of his situation. Help him find one.

He also needs to consult with a criminal defense attorney to review the actual facts and issues, and get advice on what to expect and what to do. If serious about hiring counsel to do so, have him feel free to contact me. I've been doing these cases for many years.

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Answered on 5/14/12, 11:27 am


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