Unlawful sexual intercourse charges 261.5 PC and 288(c)(1)pc

[acoplin]

What is the name of your state (only U.S. law)? California

A year ago my brother got into trouble for grand theft auto. Due to a drug addiction they opted for the drug court program and probation instead of putting him behind bars. He did six months in rehab at salvation army and has six more months of meetings to go before completion of the drug court. Now he is being charged with unlawful sexual intercourse with a minor, charges 261.5 abd 288(c)(1). The girl is 15 and he is 22. They had consent from her mother that their relationship was acceptable. Does the parent have to press charges or can the DA take over from here? What is going to happen next? Is there anyway to have these charges dropped without him getting kicked out of the drug court program and spending the next 5 years in prison? Is he automatically kicked out of drug court just for being incarcerated at county? I need as many answers as you can give me.....I am desperate.

 

[Just Blue]

What is the name of your state (only U.S. law)? California

A year ago my brother got into trouble for grand theft auto. Due to a drug addiction they opted for the drug court program and probation instead of putting him behind bars. He did six months in rehab at salvation army and has six more months of meetings to go before completion of the drug court. Now he is being charged with unlawful sexual intercourse with a minor, charges 261.5 abd 288(c)(1). The girl is 15 and he is 22. They had consent from her mother that their relationship was acceptable. Does the parent have to press charges or can the DA take over from here? What is going to happen next? Is there anyway to have these charges dropped without him getting kicked out of the drug court program and spending the next 5 years in prison? Is he automatically kicked out of drug court just for being incarcerated at county? I need as many answers as you can give me.....I am desperate.

California takes the rape of a child very seriously. The child's mother can't give her "consent" to the rape of her daughter and will likely face charges of her own.

The very least of your brothers problems is being ousted from his drug program.

 

[cyjeff]

Let me underline the previous post...

Parents can not make the illegal legal.

If mom rented the hotel room, handed your brother a condom on the way to the elevator and gave him a hearty "high five" afterward, it is STILL rape.

Your brother and the mother are both going to prison and the little girl will be going to foster care.

Not exactly a win win.

Only the DA can press charges. Don't plan on these charges going away.

 

[CdwJava]

A year ago my brother got into trouble for grand theft auto.

Okay ... so, he is on probation or parole for felony auto theft?

Due to a drug addiction they opted for the drug court program and probation instead of putting him behind bars.

Wow, did HE get lucky!

Now he is being charged with unlawful sexual intercourse with a minor, charges 261.5 abd 288(c)(1). The girl is 15 and he is 22.

We call that "multiple felonies." If convicted, he will be required to register as a sex offender.

They had consent from her mother that their relationship was acceptable.

Then mom can also be charged with a criminal act - child neglect, contributing to the delinquency of a minor, and maybe conspiracy to commit a felony sexual act on a minor. Mom needs to lose custody and any children and go to prison if this is true.

Does the parent have to press charges or can the DA take over from here?

The state prosecutes offenders. They do not need the permission of the victim child or the parent in order to pursue prosecution.

What is going to happen next? Is there anyway to have these charges dropped without him getting kicked out of the drug court program and spending the next 5 years in prison?

We cannot predict what will happen. However, it is very likely he will be violated and sent to prison for both his current offense and for his previous auto theft and drug charges.

Is he automatically kicked out of drug court just for being incarcerated at county? I need as many answers as you can give me.....I am desperate.

Nothing is "automatic" but it might be hard for him to comply with the drug court program behind bars.

He needs a good attorney yesterday, and he needs some serious mental health counseling as he is on a fast track to a life in prison.