Generally, once a criminal accusation has been made the state must proceed with the investigation and if a criminal act is discovered to have occured criminal charges will be filed. This is regardless of the victim's wishes. Though the victim's wishes are taken into account a crime against the peace of the state has been committed and a prosecutor has the duty to proceed. There is a certain amount of discretion with the prosecutor but in a situation like this one, the prosecutor will proceed. The age difference between the two individuals is too great to be ignored by the prosecutor. The 38 year old man will be considered a pedophile and will be taken off the streets to protect other children.

You can tell the DA you want to drop the charges, but the DA doesn't have to drop them, because it is an offense not only against your daughter's person, but against the state, since it violates state criminal law. Of course, your input to the DA will have a large effect on the plea offer made to the defendant. For access to NY law and legal forms, and much more, go to http://justiceneversleeps.net