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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17148
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My daughter was raped 05/02/2012 at age 14. She told the boy

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My daughter was raped 05/02/2012 at age 14. She told the boy no several times but then gave in instead of fighting him. This happened at my ex-friend's home. The boy was 16. The investigator said that because she gave in the judge believes it to be consensual. According to the investigator a 14 year old can consent to sex to anyone as long as they are under 19 years old. Is there any recourse I can take for my daughter?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question, and I am sorry to read about your daughter's situation. Are you saying that this has already been to trial and the judge acquitted this young man, or are you tell me that the prosecutor is refusing to file charges based on the facts? Have you spoken directly to the local prosecutor him or herself?
Expert:  Marsha411JD replied 1 year ago.
Hello again Hannah--I see that you read my request for more information, but not where you have responded. The Site is a bit buggy today and we are not receiving replies and ratings when the customer thinks they have sent them. So, if you still need assistance, if you can answer the questions I asked, I will be happy to answer you. Again, those questions were: Are you saying that this has already been to trial and the judge acquitted this young man, or are you tell me that the prosecutor is refusing to file charges based on the facts? Have you spoken directly to the local prosecutor him or herself?
Customer: replied 1 year ago.
I have responded twice actually. They are refusing to file charges. They said because my daughter gave in instead of fighting the boy that it was consensual. I have only spoken to the investigator. I don't know how to find out who the prosecutor is.
Expert:  Marsha411JD replied 1 year ago.
Hello again and I am sorry for the Site issues. I am a User just like you (don't work for the Site) and am a bit frustrated myself too today. But in any event, thank you for your reply. Ultimately, it is up to the prosecutor to decide whether or not they have enough evidence to go forward with a rape charge, since all crimes are, from a legal perspective, crimes "against the State" and therefore they have prosecutorial discretion. However, it might be worth your while to contact the District Attorney's Office and ask to speak to the ADA who has been assigned your daughter's case, or speak to the DA themself. I say that because your daughter has a right to speak to them and to advocate for the filing of charges. Again though, it is there decision.

That said, although it might be true that this young man might not be able to be charged with sexual assault of a minor under that statute, if the DA believes that there was coercion on the part of this guy, they could charge them with sexual battery.

The only other option, if the State refuses to file and prosecute criminal charges, is to file a civil suit against this boy and his family under tort law, for the assault. In that case, you would want to speak to a local trial/litigation attorney (they handle personal injury cases, which is what this would be on the civil side) about your daughters case and see if they would be willing to take her case. She just needs to be prepared for the process and testifying, etc.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17148
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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