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Can I drop charges by myself without my parents' consent if I'm the victim and I'm only 16?

Brentwood, CA |

I'm 16 and my boyfriend's 23 and we were caught having sex by the police and he's being charged for statutory rape even though I kept explaining that I wasn't forced to have sex with him. They said something about waiting for three days before we find out if the district thing (i don't know what it's called) decides to file it or just drop it. I just want to know if I, the "victim", and who's only 16 explain and prove that I wasn't raped and that I decided for myself but I'm going to do this without my parents' consent. I s that possible? And if it is, what should I do?

Attorney Answers 4


  1. You are a minor and cannot consent to have sex with an adult . Your boyfriend needs an attorney ASAP . DO NOT SAY ANYTHING TO POLICE.
    Get an attorney for boyfriend . This is serious.

    Andrew Roberts

    Andrew Roberts (818) 597-0633/ (805) 496-7777


  2. You cannot drop the charges. The state has the case and can proceed without you. Your boyfriend needs an attorney right away. You should not call him or visit him because he can get in a lot more trouble now that charges have been filed.

    You must be very careful what information you post on a website like Avvo.com or any other public access website. Anything you say here is not privileged and can be used against you in any court proceeding. For a free consultation contact me at 954-620-8300 or email at Grant@Dnslaw.com .


  3. You do not have the power to drop charges. Only the judge or a DA can do this.

    At age 16, you are legally incapable of consent, although you may have consented. Under California law, you simply cannot consent due to your youth.

    What should you do. Make sure your boyfriend retains the absolute best attorney out there. He is going to need it.


  4. You're a minor. You cannot consent to having sex with an adult. Sorry but the ball is in the DA court and they will most likely file felony charges. Your boyfriend is going to need a good lawyer who handles sex cases.

    The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

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