How do I drop a rape 3rd case in NYS?

Question

I'm seventeen and my boyfriend is twenty two. I am pregnant for my first time with our daughter. The state charged him with rape because the baby was conceived when I was sixteen and he was twenty two (I just turned seventeen) is there any way that I can drop this even though I signed depositions stating that we've had s*x? Also I have been subpoenaed to speak in front of a grand jury on August 19th, anything I can do there to turn this thing around? Also, even though it makes you feel better about your own lives please don't spew insults and judge, thanks.

Answer 1

That sucks but it is the law, your boyfriend is going to be labeled a s*x offender for the rest of him life because you both made bad decisions. Im not trying to pass judgment believe me ive been there, but you should have used protection then you wouldn't be pregnant nor would he be on trial and who knows what STD either of you could have had!!!! Like the people said before you cant drop the case you cant say you didn't have s*x (because you have a baby). he might not end up in jail, meaning he may only get probation because you consented but like i said he will be labeled a s*x offender forever.... and that sucks.

Oh and it doesn't matter how old you are now... i think the statute is 5 years sooo you could have been 21 before this went to trial and he would still be in trouble, if you hadn't gotten pregnant this would have never been brought to court.

Answer 2

Bad move. Anyway, once he is in jail, you won't get child support from him.  I guess you will become another burden on society-Section 8, SSI etc.

You can always refuse to testify. Do you have a lawyer? I do not think a juvenile can be forced to testify. You can always recant the deposition as well, but it may be too late.

How far along are you? There are options.

Answer 3

There isn't much you can do about the law.  s*x with a minor (which you were and still are) is illegal.  I am afraid that your boyfriend is in for a long ride.  Why didn't you get married?  That would have changed everything, but now it is to late.  I hope all this works out for you in the end.  Have a healthy, happy baby.  I am sorry you are having so much trouble in your life.  

Answer 4

If the state charged him instead of you, then there is probably nothing you can do about it.  When you speak in front of the grand jury, let them know that you consented.  I don't know how much difference this would make, but it may help.  

Answer 5

You can't drop the charges.

The State is proceeding on factual evidence.

Answer 6

You have no authority to drop the charges, it is up to the state whether or not to press charges.

Your boyfriend needs a very good lawyer.

Answer 7

when i got pg with my daughter I was 15 and my ex bf was 19..i straight up told the judge 'look it was my idea too, not just his, why should he be charged for something that was a decision from both of us'...needless to say..the judge let him off.

Answer 8

YOU don't get to drop a case or even pursue one -- the state does.  Your statement is actually not the biggest piece of evidence nor the most compelling - your age and the the baby inside you is what will be used to convict.  

You have to tell the truth under oath.  It doesn't matter if you recant or not - the state can do the math and figure out conception - unless you are the virgin mary, you had to have s*x to have this baby.  

When you are over 18 and he is out of jail - then you can get married.

Edit: for the other posters who went on about consent.  If she was under the age of consent, it doesn't matter whether or not she wanted this to happen.  This is the reason for consent laws so adults don't take advantage of children (and she is a child)

Answer 9

The decision to prosecute is reserved to the DA, not to victims or witnesses. In a case of statutory rape, the consent of the child is irrelevant.  The law exists to prevent adults from taking advantage of the foolishness of children.  Sounds like a classic case to me.  BTW, if you are pregnant, they can prove sexual contact without your testimony by DNA tests.