Please use discretion with what you post on Avvo or any other public forum, as incriminating statements can be used against you by law enforcement. Your question regarding sentencing is very factually specific and technical, and your boyfriend should discuss his concerns privately with an attorney or a public defender. Please keep in mind that many private attorneys offer free consultations and are not as expensive to hire as many folks may believe. If your boyfriend cannot afford to hire a private attorney, then he may apply for representation through the Office of the Public Defender. The Office of the Public Defender requires that one apply at least 10 business days before his or her next court date -- so please do not wait until the last minute. I am sorry that I cannot provide you with more direct guidance, but this simply is not the proper forum to do so.
DISCLAIMER: The information in this post is provided as a public service and is for general information purposes only. Nothing in this post should be treated as legal advice for any individual case or situation. This post and the information contained herein is not intended to create, and receipt or viewing does not create or constitute, an attorney-client relationship. If you want advice or guidance that is specific to your situation or case, then you must privately consult with a private attorney or public defender.
Charges can be refikled against your boyfriend for statutory rape. Getting married will not affect the possibility that he can be charged again. No one can tell you what will happen. Your boyfriend could consult with an attorney about the situation.
This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.
While the court may consider anything at sentencing, it is unlikely that the court would not impose any jail, because your boyfriend has obligations.
An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.
Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.