Asked 4/26/2016 – Houston, TX

Hi. Me and my bf got into a fight things got out of hand. He put his hand on me and we had sex. I called the police and told them he forced himself on me and did a rape kit. At the time I was really angry as I had time to reflect on what happened I realized I exaggerated and would like to see if I can drop the charges.

Answer

You do not have the ability to force the charges to be dismissed. Once the police are called and law enforcement gets involved, you lose control over how the case proceeds. You can contact the District Attorney’s office and file an Affidavit of Non-Prosecution, but the State has the option to proceed with the case even if you file the affidavit. I suggest you also contact an attorney before you do anything; filing a false report with the police is a separate offense and you may be subjecting yourself to prosecution as well.