Question for anyone who deals or has dealt with Stautory Rape charges.?

My question is:
1)what is the likelyhood that the DA will press charges in a statutory rape case that is three years old, where a child is involved?
2) What do you think the penalty will be?

My fianceé had a child with a girl who told him that she was 18, and when she found out that she was pregnant she told him and his family the truth, that she was really 16. She sent an email to his mother Explaining why she lied and that she was sorry. Now that she has had Child Protective Services in her life and not letting him have his son on his scheduled visitation days he wants to file an enforcement of visitations but get Joint custody because he feels that he is not spending enough time with his son. He gave her full custody at a prvious mediation because she continuously threatened to file statutory rape charges against him if he tried to gain custody, he wasnt sure if they would send him to jail, so instead of the chance of not being in his sons life he just gave her what she wants
Additional Details
The state is Texas

Teekno

What state did this happen in? The age of consent varies from state to state, so it would be good to find out whether statutory rape actually occurred or not.

Happened in Texas? See a lawyer, the age of consent in that state is 17.

Your fiance should really consult an attorney. But in my opinion the likelihood of him facing charges is small. The ex can certainly file charges, but it's up to the local DA whether to pursue the case, and in a situation like this they are more likely to focus on the welfare of the child. Still, every DA is different, and that's one reason why he needs good legal advice from someone local.

tgibbyson

You need to contact an attorney in your area. Otherwise, how will he ever know for sure? He can't keep waiting to see she can do it because the child is getting older by the day.
It doesn't cost anything for a consultation at an attorney's office. He needs to see one right away. I don't see how she can have a child with him, let him see the child, then 3 years later decide she was raped - but you really need an attorney to tell you what you can do - good luck

DSatt57

He needs to get a lawyer. I'm thinking that after three years, a statutory rape case would be moot. He's been paying support. I'd see if his mother still has the email where she admitted to lying.

He needs a good lawyer in any case for his protection.

Lauren

If they have that email it's good evidence that she lied, he should definately seek the advice of a lawyer if he can afford it! It would certainly go against her that she has continued to see him and then suddenly decide to claim rape but it depends on the judge, her lawyer etc.

I'm not really very experienced in these sorts of cases and whilst I think that if she lied, he shouldn't be held accountable I think courts can be pretty harsh in cases of statutory rape

I would also advise he checks whether she really was under age... I live in England so don't know about American law but 16 is the age of consent here so she would have no case

You may wish to visit http://en.wikipedia.org/wiki/Age_of_consent in the law bit they talk about defences They also have links to ages of consent but I didn't see Texas

SpinSpinSugar

I hope that you saved the email. You have that to back up your case.

-FYOP- Ruler Of None -1111-

What state do you live in? I know that the age of consent in most states is 16 and as young as 15.

Have him seek out a lawyer. Most will give free consultations. I think a court would see right through her ploy.

Check out the link below for Age of consent by state. Good luck and my hat is off to any 18 year old trying to do the right thing.

durtyboyz2005

I always find the situations quite interesting because I just couldnt see hooking up with a girl who was 16 anyway....tell him to start asking for ID and besides he has no legal standing if he gave her full custody...the only way to change that would be to prove that she is unfit and good luck with that because the majority of the states the judge usually sides with the mother of the child.

malter

I'm going to go with TJ on this one. I think that your boyfriend needs to have a good attorney. Do some checking around and find out which attorney in your local area has a great reputation for dealing with your local DA. DA's are real people and believe it or not can see through a lot of BS.

Once you have secured a good attorney the attorney will be able to advise your boyfriend on both the custody/visitation and stat rape charges.

I'm fairly sure that the rape charges are a non-issue but your attorney will be able to better advise you.

Good luck!!

CGAA72

he needs a good lawyer. he's looking at two things here.
1-he has a contract. it sounds like he signed away his rights to visitation. his argument to get this contract voided would be that it was made under duress. <threat of prosecution> Good luck getting a judge to overturn that.

2-He may or may not be found guilty of statutory rape.
I guess you first have to find out what precedents have been set in your state. I believe cases have been thrown out in some states where the female's actions led to the crime.
She intentionally misrepresented herself with the intent of committing a crime <I don't want to get into the whole "she wasn't looking to be raped" argument. I don't think it applies in this case.> She was not an innocent victim from what you say. She could be deemed a willing partner and held accountable for her part in this. I guess it depends on the judge and the state's law.

As far as the penalty goes-it would depend on the judge, state law, his prior criminal history if any, etc. He could get anywhere from the charges dropped to probation to jail time.

Bill

1. Unknown. Depends on the attorney.
2. See above.

Anybody who gives you another answer is talking out their rear.

coolgirl

if u think so?yes

Kym-berly B

If she was 16 then she was at the age of consent. Statutory rape charges are for when the girl is 15 or 16 and the guy is in his late 20's or 30's. He has nothing to fear with charges and he should report to the court the threats she has made. Then go not just for joint custody but full custody. If child services are invloved then she is not a good mother.
Girls love to try and scream statuatory rape, but the fact of thematter is sh lied about her age and failed to file chanrges in a timley manner. Its more likely she would go to jail than him if it went to court.

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