Can he go to jail for having sex with a minor?

Question

She has just turned 17 back in june and he is turning 22 later this month. She is about a month pregnant by the way. The parents are threatening to put him in jail but he is threating to put them in jail for supposedly forging a document from a judge telling him to stay away from her. So, basically they're blackmailing each other.If they decide to press charges then he's going to report them. I kind of feel for the parents considering they were just trying to protect their daughter but they definatly went about it the wrong way. I just need some answers cuz this is a complicated situation.(it's not me by the way.The guy is a friend of mine)

By the way...We live in Tennessee

One more thing, they started having sex when she was still 16 and the parents tried to put a stop to it. They even went as far as calling the police.

Answer 1

Here's what I found.

39-13-506. Statutory rape.
(a) Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim.
(b) [Deleted by 2005 amendment.]
(c) Statutory rape is a Class E felony.

Age of Consent --
Tennessee's rule on the age of consent, the age at which a girl (or boy) can legally consent to sexual relations is unforgiving. Under T.C.A 39-13-506, if an adult has sex with a minor less than 18 years old, and the adult (anyone older than 18) is at least four years older than the minor, the adult just committed statutory rape, a Class E felony, carrying up to six years in prison. (Though the law is supposed to be applied the same whether the minor is a boy or girl, these situations almost always involve underage girls, so that is what I will refer to.) Now, the unforgiving part of the law is that it makes no difference how old the girl looked, or said she was, or what the man thought her age was -- if she was under age, then sex with her was a felony.

The only exception is if the girl is married to her sexual partner. Then it doesn't matter if she is under age, or if the man she is with (her husband) is more than four years older than she is.

If the girl was between 13 and 14, then her boyfriend could be convicted of Statutory Rape if he was four years older than her, even if he is also a minor.

If the girl is less than 13, then she can not consent to have sex with anyone, and sexual contact with the girl is Aggravated Sexual Battery, a class B felony, meaning you could do up to 30 years in prison, even if the girl consented, started it, had previously had sex with others or even was working as a prostitute, and even if you are a minor yourself when you have sex with her.

What this means is that if the girl is between age 13 and 18 she can consent to have sex with someone up to four years older than she is, but for anyone older than that it is statutory rape, and for any girl less than 13, she is too young to consent to having sex with anyone. The sole exception is that if the girl was legally married to her sexual partner at the time they had sex.

Answer 2

By Tennessee state law, age of consent is 18.
http://moraloutrage.net/staticpages/index.php?page=Tennessee

If both parties press charges, then they both will be found guilty, assuming he has proof, i.e. the document they forged. However, he's looking at a more serious punishment than the parents are. He could be looking at prison sentence, while they might just end up with a fine and a reprimand. What the parents did was wrong, but many judges will take into consideration why they forged a document. Most judges are older, and many of them are parents. They will more easily see the parents point of view.

He shouldn't file on them first. What he needs to do is try to make peace with the parents. He needs to show them that he is willing to be a father to the baby, and he's willing to help take care of their daughter. Even if she decides to give her baby up for adoption, he needs to be there for her throughout the pregnancy. He should help pay expenses, like maternity clothing, things for the baby, and offer to take her to doctors appointments. The more he is willing to be an adult about this, the less likely the parents will want to see him behind bars.

Answer 3

It depends. If they had consensual sex then depending on the law he can go to jail for statutory rape. However, in most states the girl has to be under 16 in some it is under 18 so it depends what state your in.
He is best to consult with a lawyer about it. A lawyer will not turn him in because it is attorney client privilege and the lawyer will lose his or her license if they report him. The guy should stay away from her and ask to meet the parents without her present and see if they can talk things out. Or have his parents talk to her parents if they are reasonable people they can work it out.
If not he had better get a lawyer. They can help him work it out with the parents.

Answer 4

What is the age of consent in your state if its under 17 I suppose he has troubles. Of course if I were her Father he would have some serious troubles getting my Daughter pregnant. He would forever have to sleep with one eye open. It's amazing to me the things Women do to ruin their lives, not the fact she is pregnant and bringing a life into this world, but getting mixed up with a loser. This is of course if he is abandoning her. I may be misunderstanding the whole situation. How could they forge a document from a judge. I say they still have the upper hand if she is under age.

Answer 5

It really depends on the states law. She is a minor and given the fact she just recently turned 17 and the parents are talking about putting him in jail, I would lay odds that it's not going to look good for him. Jail is the least of his worries. Being labeled a sexual offender for the rest of his life is what he needs to worry about.

If the girl doesn't support her parents actions then both he and her should speak to an attorney. At her age it's close enough in my opinion to argue the law. If it does go to trial they just may find a sympathetic jury.

Answer 6

Who is thinking of what is best for the girl, and the baby? He probably can go to jail. He will pay child support for the next 18 years. Does he want to be a part of the baby's life? What does the girl want? Hopefully tempers will cool down soon, threats will give way to logical solutions and he can make peace with the girl's parents. What a mess. And it could have been avoided.

Answer 7

Technically he can go to jail...but damn, the age gap really isn't all that bad. He's lucky to have the forged document because fraud can be even worse, since it is tampering with the government. They should try to settle it without court...is he willing to care for the baby? Abortion should be out of the question! He and she both messed up and have to face the consequences, being a parent is really not that bad.

Answer 8

I don't know about your state but i know in TX when a girl underage gets pregnant that she is considered an adult from that time on so the parents might now have a case and 17 in lots of states is legal age of consent

Answer 9

I am not a lawyer in tennessee. I found a site that said the age of consent in tennessee is 18.

Dont know for sure. Call a criminal defense attorney.

Answer 10

Yes he can if the parents pursue it. Also so other ramifications of that are that if he goes to jail for having sex with a minor that is consider a sexual crime and he will be labeled and have to register as a sex offender. That will follow him for the rest of his life. Good Luck, not a good situation for him to be in.