QUESTION
What can we do to avoid a statutory rape charge?
Asked on Apr 21st, 2014 on Criminal Law - Michigan
More details to this question:
So my girlfriend is pregnant. She is 15 and the age of consent is 16. I want to marry her and be there for the child. I'm 20 and wondering if marriage will stop the charges from being filed. What are my options here? She doesn't want me to go to jail either and wishes to be my wife and for us together to take care of the child and raise it right.
5 ANSWERS
Criminal Defense Attorney serving Visalia, CA
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The Law Office of Gregory Hagopian
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The age if consent for sexual intercourse in California is 18. Having sexual intercourse with a minor who is more than three years younger than you is a felony. Marriage does not retroactively effect the crime. You should know, however, that any prosecutor and any judge would look more fondly on you if you got married and showed responsibility.
Answered on Apr 22nd, 2014 at 9:35 PM
Thomas Edward Gates
Even if you marry, the charge can go forward.
Answered on Apr 22nd, 2014 at 11:14 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Marriage will probably not stop charges from being filed. If she seeks governmental assistance, they can require her to seek paternity and child support as a contingency for receiving government benefits. If that happens, they would turn the matter over to the police and prosecutor to determine if charges should be filed. I would suggest being proactive and getting a lawyer involved now.
Answered on Apr 22nd, 2014 at 11:13 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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Well, your first line of defense against being charged with statutory rape is to not have sex with children but since you already did that and you are more than 4 years older - you are most likely guilty of statutory rape. Getting married after the fact is not a defense. So basically, you are on the good graces of anyone who knows about this situation (especially her parents). Generally, if a prosecutor gets wind of what has happened, you will be charged and quite frankly, you should be. A 15 year old girl does not possess the legal or mental capacity to consent to sex and she should not have had her life ruined by a 20 year old man with the prospect of becoming a wife and mother while still a child herself.
Answered on Apr 22nd, 2014 at 11:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will occur if comes to the attention of the authorities and THEY decide to prosecute. See an attorney, and otherwise keep your mouths shut.
Answered on Apr 22nd, 2014 at 10:51 AM