can statutoryrape charges be dropped if the minor is of age and says it was consentual?

I am a 16-year old female and am going to have to testify against my ex-boyfriend in a statutory rape case. What happened was consensual and my parents are not pressing charges but the state is. Since I am of age now, is it possible for me to get the charges against him dismissed?

Asked on October 2, 2017 under Criminal Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, it makes no difference the age of the victim now; it is the age at the time of the offense that matters. Further, statutory rape (i.e. sexual relations with someone under the age of 16 in MI) is the crime; consent is not relevant. The reason is that someone uder the age of 16  is not legally capable of giving permission. At this point, you really need to consult directly with a criminal law attorney; a conviction for this can have serious and lifelong consequences.

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