Can a biological father press Satutory Rape charges on someone who is three years and four months older than his daughter and has been with his child since he was sixteen and she was thirteen and they have not had sex if the father has been out of the childs life for more than six months to one year?
2006-12-24 14:55:25 · 17 answers · asked by sk8er_2003_2010 1 in Politics & Government ➔ Law Enforcement & Police
First I'll answer the first part of your question..The father, if not given up he parental rights/guardianship has the right to file a complaint in the best interest of the child. Whether the boy(16) and the daughter(13) have been together is irrelavant.
If I read your question right,,they HAVE NOT had sex. Well for a statutory rape to occurr, there has to be and age difference between both minors. Depending on what state your in the age may vary. So you would have to check with the local authorities.
But the MOST critical part of the statute is that there had to be some form of SEXUAL activity. Just because the boy and girl are together, no sex, then there is nothing illegal.
2006-12-24 16:14:35 · answer #1 · answered by hoosiernumber1daddy 2 · 1⤊ 0⤋
Your son is a sicko and should be locked up. It doesn't matter if he forced or hurt her. She is 2 years under the age of consent in California and your 25 year old son is old enough to know better. Stop trying to pin this all on the girl (who is admittedly at fault as well). Whether she knew how old he was or not makes no difference. Your son is the adult in this situation and should have said "no". If your son is charged and convicted of statutory rape the chances of him getting custody of the baby is nearly nothing. And even if he isn't convicted, I don't see any judge in the country awarding custody to a sexual predator (which is what your son is in the eyes of the law). My advise: get a lawyer. Your son is going to need one for any type of custody battle and will definitely need one for the statutory rape charges.
2016-03-13 21:56:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
He's still your father no matter how long he has been out of your life. If he through a court of law has not lost his parental rights than he still has say. Statutory rape is indeed a black and white situation. Good luck.
2006-12-25 02:35:33 · answer #3 · answered by sftbllr4lf 3 · 1⤊ 0⤋
No sex means no rape. There might be other concerns such as indecent exposure or corruption of a minor. There might be sodomy charges which are vague. Sodomy is not clearly defined in some places. Sex laws are weird sometimes. If in doubt, don't do anything. Even spouses can go to jail for some sexual acts. What is legal here is illegal there. In the case of the spouses, it's a matter of getting caught. Ignorance doesn't count for them either. Most people won't get caught breaking a weird law and will never know they did.
If you are underage, don't have sex. If you are not married, don't have sex. It saves a lot of trouble, time, and money that way.
2006-12-24 15:49:47 · answer #4 · answered by Jack 7 · 0⤊ 1⤋
Yes. And if convicted could be labeled a sexual offender (in some states), regardless if the boy has been a good father to his child. The laws of statutory rape are pretty black in white in most law books.
2006-12-24 15:03:20 · answer #5 · answered by Cpl Coop 2 · 1⤊ 0⤋
Any legal parent can talk to the police about statuatory rape. The minor and the other parent MIGHT have a say. It'll be mostly up to the state tho. You aren't giving too many details here. They will have to prove you are having sex tho. I really hope that you aren't. Sex at a young age opens you up to a whole bunch of female problems. Check with a doctor.
2006-12-25 07:06:22 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Your father isn’t the one that presses charges. If he has reason to believe that laws are being broken he (or *anyone else* for that matter) can report it. Then it’s investigated and the STATE determines rather or not charges will be filed.
It doesn’t matter if Dad’s not a part of your life, nor does it matter how long you and Boyfriend have been together. You said you haven’t had sex, but have you any sexual contact at all? Charges such as molestation do not require intercourse.
2006-12-25 20:42:00 · answer #7 · answered by kp 7 · 1⤊ 0⤋
Sounds like a case for Maury.
However, if a 16 year old is having sex with a 13 year old then it does not really matter who is in who's life since the 13 year old is too young to give consent. In the court that is what it comes down to, the actual crime. If the neighbour knew about the 16 year old and the 13 year old getting jiggy, then a neighbour could call the police and have the 16 year old arrested.
2006-12-24 15:08:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes you can. They are even some states that can even go back and press charges even when the women doesn't remember untill she is in treatment now years later even after she is grown.Take your daughter and go file charges.So it doesn't mess up her whole life.I have been doing alot of reasearch about the laws lately and it has learned me a lot. More people that are honest should study up on laws they are good to know.
2006-12-25 20:20:01 · answer #9 · answered by donna29374 1 · 1⤊ 0⤋
~I too wish you had provided more information. I would tend to think that the father would have to have at least Joint Custody to press charges.
Neither of you is over 18, so I would say no. I do want to add that your father is probably very concerned about you and is only looking out for your best interests. I know I would be.
Merry Christmas~
What's with the thumbs down? That's the law here!
2006-12-24 15:48:39 · answer #10 · answered by Anonymous · 0⤊ 2⤋