ok theres a guy who at the time was 24 and his gf was 14 and they had intercourse. they stayed together for 3 years and lived with her mother and paid bills at that home. they recently just broke up about 4 months ago. anyway an investigator went to her work and told her he was working on a case against her ex. he asked alot of questions to her about how many times they had sex and how old she was when it happened and she was honest about it and she signed the statement. they also talked to her mother and she said that she consented to it (even though we know here in the state of texas it dont matter) now my question is if the girl is unwilling to cooperate against him if it goes to court can he still be convicted of statutory rape? if he pleas not guilty..she doesnt want him to get into trouble even though they arent together anymore...what could happen?
2007-10-04 13:19:46 · 7 answers · asked by friomedic5 1 in Politics & Government ➔ Law & Ethics
The prosecution can still get a conviction without her testimony in some cases...but it becomes difficult. Especially considering the 6th Amendment right to confront the accuser. The GOV can compel her to testify (but this is unpopular and bad policy to make a minor testify against her will.
Statutory rape is the easiest kind of rape for the prosecution to prove because it is not an issue of consent or force, or the like. Prove the sexual intercourse (even consensual) and her minority status gets you there.
2007-10-04 13:25:55 · answer #1 · answered by ironjag 5 · 0⤊ 0⤋
Yes sweetie, he is introuble even without your cooperation. I am sure there is plenty of evidence to convict without your testimony .
Under the law, you were raped, and a rape victim does not need to testify.
What is better for you is to ask the police or someone at your school to put you in touch with a social worker, who can help you have a better life then you have now.
The only good thing about this story is that you didn't say you are pregnant, but without the social worker getting fully involved with your cooperation, that is only a matter of time right?
2007-10-04 13:30:11 · answer #2 · answered by Barry C 6 · 0⤊ 0⤋
The state can bring the case, and use the girl's statement as proof. Her mother could be charged as well for :contributing to the deliquency of a minor". A lot of jail time could happen.
2007-10-04 13:26:18 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
The girl is not the one prosecuting the case.- the state is.
So the state can proceed even with out the girl.
At 24 - he was old enough to know that having sex with a child is illegal. He's a pedophile.
2007-10-04 13:29:29 · answer #4 · answered by Boots 7 · 1⤊ 0⤋
No, getting her pregnant on a similar time as raping her isn't a protection. The courtroom if something could be extra probably to pursue expenditures. the youngster could nicely be DNA examined and used to coach the rape.
2016-11-07 07:06:16 · answer #5 · answered by ross 4 · 0⤊ 0⤋
no. the case goes forward. but the circumstances would be taken into consideration
2007-10-04 13:28:25 · answer #6 · answered by KT 7 · 0⤊ 0⤋
they will make her come to court and order her to answer all questions
2007-10-04 13:27:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋