Legal Question in Criminal Law in New York

Don't want to file charges

My sister was 16yrs old when she started seeing my brothers friend who was 21. Now she is 24 turning 25 and he is 30 years old. They had sexual intercourse one time but it was more of a friendship type of relationship. Our parents never knew about it. My brother just recently found out from another friend whom he told and now wants to press charges against him but my sister doesn't. What are the statue of limitations and can he go to jail? What if my sister doesnt testify? There is no actual proof and its been nine years? Please help my sister is very stressed out.


Asked on 11/29/04, 4:25 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Don't want to file charges

Don't stress out! I practice in Florida so I can't be specific about NY. But some general rules apply. First , I'd bet the statute of limitations has run. Second, an uncooperative witness (victim) is the DA's worst enemy. If she won't testify, they dont really have a case. They can subpoena her and she should obey all court documents but she should not discuss the facts with anyone other than her lawyer unlessa judge orders her. From your question I cant tell who wants to prosecute but if it is the parents they only have hearsay which your sister can contradict. I cant understand the motivation to prosecute now, I cant imagine the DA picking up the case. Please feel free to call me at 561-659-9410 anytime

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Answered on 11/29/04, 7:18 pm


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