Press charges?

Question

My boyfriend has ben living with me for over a year, in my mother's house. Im 17 and he is 21. My mom got mad at him and kicked him out. But he pays rent. And now she want's to press charges for s rape. I cant spell it. Can she do that. I mean she let him sleep in my room and live with us. He worked for my uncle. And is in every family picture. Can she really do that.

Answer 1

I think that she is going to have a hard time pressing charges against him.

I say this because, first of all she was having him pay rent there and if he can prove it she will look like a fool. Second of all she was allowing him to sleep in your bedroom before all of this happened. I think that she is going to be hard pressed to file any charges against him and get away with any of that.

Legally he can take her to small claims court if he wants to since he has been paying rent to her. He would need to be able to prove it to the court that he has been paying rent to her. If she didn't give him a 30 day notice, he can legally sue her for throwing him out with out giving him the notice. He can sue her even if he didn't have a lease signed by her, as he was living there month to month. Per the law he had a right to a 30 day notice, since she was his landlord.

I wouldn't suggest that he does this though if he can avoid it, since it will only cause more problems for all concerned. It would only create more bad blood between every one.

Answer 2

Sounds like she believes it is "statutory" rape. This is where the girl, in this case, was too young under state law to consent to sexual intercourse. IT doesn't matter if you consented, because some states say you have to be a certain age.

Google: "age of consent, state law, and the name of your state."

One of the websites that pops up should tell you how old you have to be to avoid statutory rape charges.

Your particular situation raises an interesting point. If she believes you were the "victim" of statutory rape, she may have made herself liable for "reckless endangerment" or some other type of criminal neglect as she had a parental responsibility to you the "minor" incapable of giving consent under the law. Therefore, the duty fell on her as the guardian and she failed in that duty.

So...this is how it looks. Your mother took in an adult boarder for money and then let that person rent the room her minor daughter slept in, and then they had sex. That sounds pretty bad.

A bit of a double-edged sword perhaps. At least, that's how I would hope a prosecutor would look at it if you are/were below the age of consent for your state.

So...yes she can do it...but she may dislike the result (kind of like the story "The Monkey's Paw" if you ever read that....be careful what you wish for!

Answer 3

Statutory Rape is sexual intercourse with a girl under the age of consent. I believe the age of consent is 18. I also believe this is a criminal act and thus punishable by law. I also feel there may be other legal actions pertaining your mother's condoning his sleeping in your room, thus putting you in jeopardy. I really feel some serious counselling is needed by all of you, especially your mother and yourself. I am not a lawyer nor a judge but I do know that this is not a healthy situation. Good Luck

Answer 4

First, she cannot legally kick him out without filing eviction papers. This process usually allows 30 days to be carried out. Should she press charges for statutory rape, she will find herself in deep trouble for allowing it to happen. Child endangerment would be the charge.

Answer 5

Well, in your case, should could be guilty of neglect for allowing this to happen.

Also, if he was paying rent, she can't just kick him out, she has to evict him. There is usually a time requirement for any eviction.

Answer 6

not sure but if he is paying rent then she can't kick him out with out giving him a time period.