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Can my mom press statutory rape charges?

Texarkana, AR |

Im 14(lesbian) I had this friend who is 18 also lesbian. we were just friends. nothing sexual happening. can she press any rape charge?

Attorney Answers 4

Posted

No. Only prosecutors can "press charges". If nothing occurred between you and your friend, then there could not be a basis for a rape charge.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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Posted

If no contact happened, no.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.

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Posted

No sex = no rape

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Posted

You ask if charges can be pressed. The answer is yes, if the prosecuting attorney believes there is a basis for the charges. You are saying that nothing happened. If both you and the girl say nothing happened, then it is unlikely your mom would convince the prosecutor enough for charges to be filed. But if there is some basis for the charges, then if you are 14 and your friend is 18, that would be considered rape in Arkansas. Remember that rape does not have to mean sexual intercourse. If any sexual contact involving penetration took place, whether orally, or with fingers, or with objects (such as a vibrator), then she could be charged with rape. I know that you say nothing sexual happened, so if you are questioned, you'll need to be very clear when you explain that. Many people believe that "rape" means forcible sexual intercourse by a male against a female, and they admit to acts that they think are not rape but really are.

There is a big difference between whether a rape charge can be filed versus whether a person can be convicted of rape. If the prosecutor believes there is a basis for the charge, he or she can file it. But once filed, the prosecutor will have to prove beyond a reasonable doubt to a jury that the rape occurred. If there was nothing sexual going on, then there is no proof. Your friend needs to be sure she knows a good criminal defense lawyer in case something comes of this. And she should NOT talk to the police AT ALL without a lawyer present.

No attorney-client relationship is established with this answer. It is not to be considered legal advice, but is merely given to point you in the right direction and give you a general answer as to the law regarding the question you have asked.

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