Rape Charges..7 years later. Can she do this?

[SaRaHmArIe8588]

Backgroud: My friend just turned 23 and got married last month to her boyfriend that shes been with since she was 15. She recently told her mother that when her mother, her father, and brother went away for a few days she had her boyfriend over and they had sex. Jess was 16 at the time and her boyfriend was 24.

 

Anyway, jess's mom claims that she can press charges for him "

raping" her daughter because she was underage at the time. Since they are married and it was 7 years ago!, is this possible? Can something be made of out of this. I dont know anything about laws or how cases like these go. Do any of you think charges could be pressed?

[ElektraHere]

Depends on what the staute of limitations are in your state. Also it would have to be cooborated by your friend. If she says it didnt happen even though she told her mother they really dont have a case.

 

P.S. your baby in your avatar is a cutie patootie!!! Made me smile

[CarnelianButterfly]

It depends on the state and wether its considered a felony or misdemeanor. You should google the laws for your state with: state name "statutory rape" and "statute of limitations"

[annie24]

like elektra said, depends on the laws in the state. However, I bet the courts would be reluctant to try a man for statutory raping his wife 7 years ago. It just sounds like a waste of time and money. The mother needs to get over herself and not try to mess up her daughter's life.

[DN]

If she lived in New York at the time the age of consent is 17. However, it is unlikely that the State would press charges particularly since they would have to get your friend to admit they had sex. And it may be that the laws that say a spouse cannot be compelled to testify against their partner would mean she would not have to testify.

 

Additionally it appears the statute of limitations in New York for this offence is five years

 

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[Hope75]

It would be extremely difficult to prove since it happened so long ago and your friend is now an adult, is married to the guy, and is not likely going to agree to talk about this.

 

Her mother is wasting her money and time if she pursues this.

 

Why is she doing this, anyway? Does she not like Jess's husband?

[fishrrshortae]

No, they cannot press charges. Most DAs wont press charges without the consent and participation of the victim. The problem she has is not a potential rape charge for her husband, but why on earth her mother is hanging onto that after all this time.

[robowarrior]

This case has Zero chance.

 

If you marry the man you had sex with it means your in love with him, and that the sex (even if it was underage) was volentary and not by any means of rape. The mother clearly can't accept that her daughter married this guy who she dislikes. And if it was more then 7 years ago, its not only outdated there's also zero chance that any proof still remains if as suggested a rape took place. The mother is doing a great job in ruining her daughters life.

[doyathink]

To add to what the other posters have said, the mother is potentially risking being put out by her daughter and creating havoc among the family!

[Fallout]

Wow, that mother sounds both stupid and mean...Jess should really have some harsh words with her

[monkey1]

Why'd your friend marry the guy in the first place? She want out of her marriage already?

[SaRaHmArIe8588]

my friends mother never liked her daughters boyfriend because she worked with him and knew..well thought she knew what an idiot he was. Shes one of those mothers who thinks their daughter needs a perfect husband. Some people just need to realize that someone doesnt need to be perfect to be everything you need.

 

thanks for the input!