How likely will a DA take a statutory rape case to trial?

Asked over 1 year ago - San Diego, CA

I got served a restraining order for statutory rape against a 15 year old boy. I'm a 19 year old female and there is little to no evidence, just an elaborate story made by the mother. The boy is denying everything she claims. If he denies everything and there is no evidence to support her accussations and I have some proof of harrassment on her part, how likely will it be that the DA will take this case to trial and will the boy be able to speak at this hearing?

Additional information

Also how likely will it be for this restraining order with little to no evidence and both the boys and my denial? I am very upset about this whole situation and being accused of such a thing, I just don't want my future ruined because this woman hates me and wants me away from her son.

Attorney answers (5)

  1. William Peter Daley

    Contributor Level 17

    3

    Lawyers agree

    Answered . Whether or not the DA proceeds will the case will depend upon their review of the facts and whether or not they think they can prove that a crime was committed. As far as the boy speaking at the hearing yes he is absolutely allowed to testify. He can testify either for the DA or for you. This sounds like a matter where you really need to hire one of us could local criminal defense attorneys to help you out so that you don't end up in prison for something that sounds like you didn't do. Most of us offer a free initial consultation so that you can meet us and decide who you are comfortable with fighting for your rights.

    www.lawofficeofwilliamdaley.com

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  2. Andrew Michael Limberg

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . You need to be very careful about how you proceed. Statements you make in the answer to the temporary restraining order, and those you say at the hearing itself can later be used against you in a criminal action. It would be best to have a defense attorney represent you at the upcoming hearing and to also speak with law enforcement and prosecutors if the need arises. Most defense attorneys provide free consultations, so there's no reason not to learn what can be done to protect your interests.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  3. Seth Andrew Weinstein

    Contributor Level 15

    2

    Lawyers agree

    Answered . If the boy's mother is cooperating with the District Attorney to pursue a case against you for Statutory Rape, the Restraining Order is the least of your worries. A conviction for Statutory Rape makes you eligible for the public Sex Offender Registry. The boy will have the right to testify, or may even be required to testify. You need to fight these charges.

    Seth Weinstein, Esq.
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. David Philip Shapiro

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Since this has you so worried, as it should, you really need to hire the best locally experienced criminal defense attorney you can afford to get in there and try and stop this case from going any further. If nothing else, they can be your voice to the court and law enforcement.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  5. Charles K. Kenyon Jr.

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . First, is this a restraining order or an injunction? A RO is something granted without a hearing. An injunction is something granted by a judge after a hearing.

    At the hearing though remember that you can be called to testify and must either tell the truth or use the fifth amendment to refuse to testify. If you refuse, that can be held against you in this hearing.

    You need to be talking with a local criminal defense lawyer, now.

    Her imaginings are not evidence. Her observations are evidence. The boy's testimony will be required almost certainly.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

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