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Should I report the statutory rape? If so, to whom? Should I stay anonymous, from what I said in the details? What would happen?

Modesto, CA |

My cousin1, who is turning 20 or 21 in Feb, is dating and having intercourse with a girl who is a minor. They have been together for about a year or longer. His mom doesn't like the fact, but yet she does nothing, but send my other cousin2 with them on their dates. Cousin2 has been ditched by the couple before only to find them having intercourse in the car. This concerns me not only for cousin2, but because cousin1 has molested me in the past. I did not report, because I didn't want my father to know. I just turned 18 and my human sexualities teacher said I should most likely report the statutory rape. I don't know if him living in San jose, CA and me living in Modesto, CA is an important detail so there is that information. I don't plan on reporting about me, but will if I have to.

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Attorney answers 2

Posted

Report the sex abuse that is were you are the victim. Depending on the age difference the police and prosecutor may not be too concerned with the stat rape.

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

Posted

The age difference would be an important factor if the police would do anything anyway. For example if your cousin was 16 or 17, I'm not convinced the police would even do anything. Currently your cousin is 19. That is not much older than 16 or 17.

Under that scenario I'm not certain the "unlawful sexual intercourse with a minor" is your business. In addition you are not a direct witness to the events. Lastly, it doesn't sound like you are a mandated reported anyhow.

Whether you report it is up to you. Be prepared to have to report it and re-report it when you are interviewed again by the police. Be prepared to go to court. Be prepared to testify if needed.

This is less legal help than practical opinion.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.