According to Deputy District Attorney Dara Cashman, Silva, a former LimeLight Girl, is accused of running away with a 15-year-old high school student. Silva, who was arrested by authorities in Oklahoma, where she and the boy were living with her mother, could face more than four years in a state prison.
Silva was arrested in January and has been out on bail while police conducted their investigation. According to Cashman, prosecutors will seek a warrant for her arrest now that they have decided to file criminal charges against the actress.
While most statutory rape cases involve an older man and a young girl, the gender reversal is not an issue, Cashman said.
Silva’s Oakland, Calif.-based attorney Ivan Golde said he believed his client would ultimately be exonerated.
"Based on what I've learned about the case, I think it's defensible," Golde said. "It's basically a hearsay case. Is the alleged victim a credible witness? He may be. He may not be. I'm not sure. I completely believe the version of my client."
Golde added that his client, who has since enrolled in a community college while applying to become a full-time student, is not a criminal.
Silva scored 800 on the English section of her SAT test and has managed to put her life back together during the investigation, Golde said, adding that he was surprised the district attorney decided to file charges.
Silva has been featured in several titles, including “Legal At Last,” “Limelight Girls” and “Dirty Debutantes.” Images of her also are featured on several adult websites.
