Can criminal charges be removed against someone for a false allegation?
Question Details:
When I was 15, in 1992, I lied to a 24 year-old and said that I was 16. We had sex 1 time and I got pregnant. My parents found out and he was arrested. Our daughter is now 16. His life has basically been ruined because I lied. Is there anything that I can do now to have the charges removed/expunged and not have him have to register as a sex offender? It is very hard for him to get a good job or keep a job because of the charge. 17 years is more than enough punishment as he can barely provide for himself nor our daughter because of the charge. Is there anything I can sign, etc that can help?
I'm afraid not. The law is, that in that situation, it's the adult's job to be sure that he knows the truth about the girl's age. He isn't the first man to get caught up in something like this.
Even if there might have been something you could have done at the time, which I doubt, it is far too late to try to have the case re-opened. And expungement simply isn't available for sexual offenses.
Possibly, considering all of the circumstances presented here, this may be a case that is appropriate for a pardon by the governor. You and/or this man should consult with a criminal attorney in your area as to this and see if it is possible here.
Since money is an issue, see if he qualifies for representation Legal Aid or see if they can recommend someone else who can help. Also, check if there is a law school nearby; they typically run free/low cost clinics that handle these type cases. Finally, contact the local Bar Association in the county; they may have a list of attorneys who will take the case "pro bono" (for free) or at least for a reduced fee based on income/circumstances.
You have mis-framed the relevant issue. The relevant lie would have been whether or not the two of you had sex, not whether or not you were underage; however, since you clearly had sex, the fact that you lied is not relevant in this situation. There is a legal doctrine called "strict liability" whereby it does not matter if you knew or should have known that you were violating the law -- if you are violating it, you can be found guilty regardless of intent. Statutory rape is one of the classic examples of a strict liability crime. Therefore, whether or not you lied about your age is completely irrelevant to the defendant's guilt. In any event, you should consult with a local attorney to discuss this matter in greater detail and determine whether there are any remedies available despite the guilt of this individual. Good luck.
