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To be clear my DA said flat out that we don’t have to charge it we have discretion. The prosecutor on the case is thinking of offering a plea for indecent exposure to a minor* which has a statutory sentence of 8yrs probation, sex offender registry, then 10yrs of sex offender registry after probation. I know she doesn’t like it, she’s early 30’s and my age (but a 3rd yr) and has taken the simplistic approach of the violation of 3yo statute in her analysis. Any advice on how to come to the right decision for everyone?
I don’t understand the question - are you saying the statute makes it rape if there’s a >3 year age gap, and this is a 3 year 4 month age gap? If so, then don’t prosecute. They’re very close to it not even being illegal, and it’s not like they compared birth dates when they started dating. The age-gap laws are a shortcut to proving coercion or force, i.e. there must be something coercive by definition if there’s a bigger age difference. But if you don’t think it’s coercive on the facts, and they’re already close on the age gap, let it go.
I am also confused by the question. Also, prosecutors typically have discretion. I assume you don’t have a cooperative victim, or do you? What’s the basis for the charge? Definitely need more information about the facts surrounding it and what you all are trying to figure out.