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Can my mother and my ex go to jail because she didnt report our relationship to the police?

Watervliet, NY |
Filed under: Family law

when i was 14 i became friends with an 18 year old and we fell in love. we the had sex. we werent thinking about the age difference all we knew is that we loved each other and wanted to be together. My mom found out and stopped our relationship immediately. Over a year later my father found out and has filed a report with the police. i still love him and i do not want anything bad to happen to him. he is also trying to get my mom arrested for not going to the police. can she be arrested? also my father recorded me saying i had sex with him without telling me he was or me giving permission. he said he didnt have to because i am a minor? is this true. also he has emails between us and i have to go to the police station to give my report today. would it make the situation any better if i do not say anything to the police even with what my father has or would it make it worse? or would it not matter either way.

Attorney Answers 3

  1. It is highly unlikely that your mom would be arrested, as she didn't commit any offense. You ex on the other hand can be facing some serious trouble. First things first, I suggest that you advise him as to what is going on and tell him to get an attorney ASAP. To the extent you want to help him, you can discuss how to proceed with his attorney. In the meantime, you are under no obligation whatsoever to speak with the police. Keep in mind that at this point they may not have legally sufficient and admissible proof that you ever had sex. By talking to the police you may be giving them exactly what they need to move forward against your ex. If you do speak to the police, don't lie as that would get you into trouble.

  2. If you do not want to make any statements to the police that is your choice. But make sure that if you do end up reporting anything to the police, you do not lie as that could be an offence of making a false report to the police. Your mom is very unlikely to be in trouble for not reporting the crime.

    Please note that the information presented is for general informational purposes. The information does not constitute legal advice and does not create attorney-client relationship.

  3. Statutory Rape laws vary from state to state and in cases, even from county to county. In order to be certain a crime has possibly been committed, you need to know the local laws.

    The variance in the laws comes from local culture. In many places in the world, age of sexual consent is 16, or even younger, and in many places it's 18. There's a huge difference between a woman making love to a man when he's 17 years, 10 months and she's 18 years 1 month, and a case wherein the victim is 13 and the subject is almost 18. This difference is reflected in the law and the various decisions over the years, that have flexed to meet the carefully recorded circumstances of the event

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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