Short story:
My ex who broke up with me 5 months ago is talking about getting me charged with statutory rape. I was 17 and she was 15 and a few months away from 16, we were together for 4 months and her parents liked me.
I'm in Australia.
What defenses could be used for this? If it ends up happening of course I'd get an actual lawyer.


Full story:
After being in a loving relationship with this girl for 4 months she randomly broke up with me, and the next day was with another guy the next day who looked just like me. For reasons unknown to me, she started to ring me up and abuse me and I'd hang up and then ignore the phone calls but as it was from a private number I'd pick up occasionally and get abused again and threatened that I'd be bashed, etc. Then she starts telling me she will try get me charged with statutory rape. This was all a couple of months ago though.
But recently she's started trying to get me in trouble again.


Information about the circumstances and possible defenses against her.
I was under 18 at the time.
She was over 14.
I was mentally abused the times I didn't have sex with her and had even broke down due to my bipolar and would start crying when she'd say I was retarded or about how she could easily have any man she wanted having sex with her.
She has ADHD and her Mother is receiving payments from the government as her Mother is unemployed and retired, also her mother is a 'psychic'. Her Mother receives disability payments as the daughter is classed as mentally disabled due to the ADHD, and is highly exagerated so that she can receive more money. At the same time both the Mother and the daughter(my ex) are working cash-in-hand jobs weekly(Mother) and daily(daughter).
She had plenty of previous sexual experience before meeting me, and has had plenty (like a new guy a week) since leaving me.
She also takes a lot of illegal drugs, such as extacy, marijuana, and drinks alcohol.


Now my question is, what defenses can be used in this scenario and what will happen if I am charged with it?
I have saved the threatening text messages on my mobile phone and had witnesses with me one time that she rang up and threatened me with a bunch of male friends while high on drugs.

Generally speaking, the police decline to prosecute in cases like this. Don't count on it, but odds are you're ok.

Keep the text messages and keep a log of any further messages and calls, dates, times, where you were etc. They can check phone records (yes, even for pre-paid) and this helps prove harassment.

There is no such crime as statutory rape in Australia. The equivalent is "carnal knowledge of a minor". If she'd spoken to police already then she'd know this, plus they'd have picked you up.

The coercion and bi-polar bit may come in handy, but keep it in your back pocket, if you get my meaning.

17-15 is two years diff.

Theres something about not prosecuting when the age difference is two years or less?

Without any proof, they can't do shit, deny everything.

And if you do talk to her n the phone, don't admit to anything in case police are listening in. Best thing to do is just not talk to her if/when she calls. That is a quick and easy way around wire taps when someone gives permission to police to eavesdrop on telephone calls. At least in the States.

most likely, no prosecutions. Worst case, a very light sentence, I do not know, what is the minimum sentence?

most likely, no prosecutions. Worst case, a very light sentence, I do not know, what is the minimum sentence?

Australia doesn't have minimum sentences.

This is bullshit. From what you write about this family they are scum, loosly said.

What you can bring to your defence:

1. You were both underage (Might result in a small sentence for both of you)
2. There is no proof of rape (He said/She said paradox)
3. You can clinically proof she's crazy. (If she claims not, her mother would be in serious shit.)
4. Record the conversation if she ever calls you again and let her abuse you for a bit.
6. Hang up a sad story that your bipolar and that you were constantly harrased, abused mentally and coerced into sex.

Oh and, get a life and a stay around decent folks, avoid the scum.

This is bullshit. From what you write about this family they are scum, loosly said.

What you can bring to your defence:

1. You were both underage (Might result in a small sentence for both of you)
2. There is no proof of rape (He said/She said paradox)
3. You can clinically proof she's crazy. (If she claims not, her mother would be in serious shit.)
4. Record the conversation if she ever calls you again and let her abuse you for a bit.
6. Hang up a sad story that your bipolar and that you were constantly harrased, abused mentally and coerced into sex.

Oh and, get a life and a stay around decent folks, avoid the scum.

7. You dated a retard?

Full story:
After being in a loving relationship with this girl for 4 months she randomly broke up with me, and the next day was with another guy the next day who looked just like me. For reasons unknown to me, she started to ring me up and abuse me and I'd hang up and then ignore the phone calls but as it was from a private number I'd pick up occasionally and get abused again and threatened that I'd be bashed, etc. Then she starts telling me she will try get me charged with statutory rape. This was all a couple of months ago though.
But recently she's started trying to get me in trouble again.


Information about the circumstances and possible defenses against her.
I was under 18 at the time.
She was over 14.
I was mentally abused the times I didn't have sex with her and had even broke down due to my bipolar and would start crying when she'd say I was retarded or about how she could easily have any man she wanted having sex with her.
She has ADHD and her Mother is receiving payments from the government as her Mother is unemployed and retired, also her mother is a 'psychic'. Her Mother receives disability payments as the daughter is classed as mentally disabled due to the ADHD, and is highly exagerated so that she can receive more money. At the same time both the Mother and the daughter(my ex) are working cash-in-hand jobs weekly(Mother) and daily(daughter).
She had plenty of previous sexual experience before meeting me, and has had plenty (like a new guy a week) since leaving me.
She also takes a lot of illegal drugs, such as extacy, marijuana, and drinks alcohol.


Now my question is, what defenses can be used in this scenario and what will happen if I am charged with it?
I have saved the threatening text messages on my mobile phone and had witnesses with me one time that she rang up and threatened me with a bunch of male friends while high on drugs.


Fight fire with fire.

http://www.centrelink.gov.au/internet/internet.nsf/about_us/fraud_how.htm

Call the Australian Government Services Fraud Tip-off line 13 1524.