Location: California. Divorced ex in 2020. Now they are accusing me of stuatory rape in 2012 when I was 18 and they were 16. This supposedly happened in California. I didn’t lose my virginity until 21. I genuinely don’t remember it but supposedly they have video of me touching them on a house camera. What are your thoughts?
Comments
What is the age of consent?
NAL. Best thing you can do right now is stop discussing any details online and contact a criminal defense attorney immediately, preferably one with experience in sexual assault cases in California.
Even if you know the accusation is false or have no memory of the event, and even if you believe no crime occurred, do not try to confront your ex, explain your side, or investigate on your own. Let your attorney handle all communication.
They have a video of you touching them or they have a video of you having sex with them.? Those are two fundamentally different things. Regardless, I would terminate all communications about these allegations with pretty much anyone other than a lawyer. There’s no reason to entertain it and there is no benefit to explaining your side be to the police to her or anyone else. I don’t fully understand where she’s going with this, but it’s unlikely that anything would become of this because it would be a misdemeanor charge in the state of California and it is hard to imagine a prosecutor wanting to essentially allow their office to be abused as some element of retribution and some private affair. The bigger concern I have is that it’s an iceberg tip of somebody who’s possibly out to use deceptive claims to hurt you.
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Who is claiming they have video of you touching them? Your ex? You need to cease all contact with them and get a lawyer. They have threatened to destroy your life with accusations. You need to take this seriously and not get goaded into interacting with them. Do not block their number, allow them to text you so you can gather information, and get a lawyer and send all the information you are given to them. If it’s the police that are claiming this, know that police can and will lie to you. They can tell you they have all the video evidence in the world. You need to tell them you are invoking your 5th amendment right to silence and won’t answer any questions. They may try to goad you into waiving your rights. Do. Not. Do. It. Get a lawyer. It doesn’t make you look guilty no matter what they imply. You won’t be able to “just clear it up” or “just tell your side of the story” or anything else they may claim. Say nothing besides “I will not answer any questions without my lawyer present.” Practice saying it out loud over and over to yourself in the mirror until you are saying it in your sleep.
Not a lawyer but I think if the age difference is less than 3 years it’s a pretty minor thing. And I think it’s way past the statute of
Limitations but I’m sure someone with more knowledge will be stopping by.
NAL. Looks like long past the statute of limitations. 1 year for age difference <3 years.
Who is accusing you, and what is the context? It sounds like your ex is trying to get some sort of leverage of you in something.
The statute of limitations for statutory rape in California is, at most, 3 years. A sexual assault charge, though, can be filed until her 40th birthday. However, prosecutors are going to be leery about stepping into a dispute between divorced ex-spouses: that’s what family court is for. The 40th birthday thing is really intended for Uncle Charlie who came over and molested his niece and she’s been suppressing the memory.
If you haven’t heard from a prosecutor or the cops and it’s just your ex saying stuff, then your divorce attorney is the right person to talk to. If you have heard from a prosecutor or the cops (or have reason to believe you soon will), then “I exercise my right to remain silent” is the only thing you should say and you should get yourself a criminal defense attorney.