When is it too late to file for statatory rape?

Question

Right now i am 16 and i have a 1yr old baby the father is 22, and in jail looks like he is gona be in there for the next 3-5 yrs. I know i can file for statatory rape right now because of the age difference but if i do that would be another 10 years added to his sentence and i want to get money from him for her. I am going to file for full custody and try and take away his visitation rights. I am worried about him trying to fight againt me in court even though i do have a better chance of wining i still dont wanna take that risk. I want to be ble to say you either sign the papers or i will file for statatory rape. But what if he decides to try and get visitation rights say ten years from now wil i still be able to charge him with statatory rape... my daughter is my proof. My reason for wanting to take away his visitation rights is that i am 6 yrs youger than him and the girl he had cheated on me with was also 6 yrs younger than him and if hes looking at girl who r 6 yrs younger than...

him how can i be so sure that he wont try an o something with my daughter... Again i dont want to charge him right now just want to use it as a threat but if he decides to go against me in court say 10 yrs from now i want to be able to have the option to chrage him with it in order to keep him away from her

Answer 1

You can't file for statutory rape, only your parents can. It sounds like you were a willing participant. Anyway from the little information you have provided, I will tell you right now that a defense lawyer will eat you alive on the stand. The fact that you only want money out of this deal is just aweful. You clearly have this child's well being very low on your priority list, and this fact will be revealed in court, even if you try to hide it.

I will pray for your child.

Answer 2

Statutory (not statatory) rape as legally defined is a matter of age, and consent has nothing to do with it. However, in my opinion , the longer you wait to make the claim the less likely a jury will convict him. And depending on the statute of limitations in your state, if you wait too long, he will be off the hook completely.

If you are genuinely concerned for your daughter's welfare, you need to take action now. While seeking full custody may be in your daughter's best interest, supporting your daughter financially is the most important thing you can do. What are you doing to set an example for your daughter to educate yourself and prepare yourself for employment or to produce some income? Or are you just planning to live on welfare? That would be such a wonderful example for your daughter.

This man doesn't sound like someone you can count on for child support. Just because the court orders it doesn't mean he will pay it. That is not money you can count on.

Answer 3

Don't listen to anyone who says you can't file statuatory rape. You are under age, he's over age, he's the father, it's an open and shut case.

File now, or the courts will think that you did it to be malicious. You will have a harder time getting anywhere with it if you don't file now.

File now.

You can still sue him for child support. In fact, you can sue for a hell of a lot more than that. Sue him for emotional damage, physical damage (have a physical done), sue him for back child support, sue him for anything and everything you can think of. Get yourself a good lawyer (even a court appointed one) and have at him.

Don't worry. No court will grant a rapist visitation rights with your child. NOBODY. Take it before a jury and let them decide. Nobody is going to even consider it, not for a second. He will never have joint custody. He will never have visitation. He will not even know your daughter, other than as a check he mails every month.

Do it now. Please. Your child needs the finances. Trust me--they will find a way to make him pay. They can even give him a job around the prison to help him earn money to make him pay.

And if he doesn't pay, he'll owe you all the back support when he gets out.

Do it now. Don't wait, or it won't work. No court will accept a file of stat rape that's 10 years overdue. It will look phony, malicious, and suspicious, no matter what you said.

Good luck to you. I'm so sorry for the way your life turned out. I married at 17 to a man 3 years older than me, but we were engaged when I found out I was pregnant. I can't imagine having a child so young.

God bless you and your child. Best of luck to you.

Answer 4

You really did sleep with this boy out of free will and you are just jealous and want to pay him back, if it was rape you wouldn't want anything from him. So get honest with yourself and for your daughter, this boy may come out of prison a man ready to take on the responsible dad role, don't count him out yet. And of course he is attracted to 16 yr olds (if truth be known all men are) he is not out of the child generation in his life, even though he should not date 16 yr olds but if its thrown at him what the heck. You want the money, right, then he should have visitation. Grow up, honey if you cut him out there will be no money coming in no matter how you try to get it because you went into this with revenge and he will go against you with revenge. You can get child support anyway and with him in jail you can get custody. Go get a lawyer or go through legal aide in the welfare system. Good Luck.

Answer 5

I am a former law enforcement officer, and I will do my best to answer your question.

If this 22 year old did indeed engage in a sexual act with you, then he definitely could be charged with statuatory rape. If you bore a child from this event, then that certainly is your proof that he did so, while you were under age.

I am assuming that he is in jail for unrelated charges.

If you intend to pursue charges against him, you need to get going and do it now. Go to your State Attorney's Office, or District Attorney's Office, whichever applies in your area. Give them all the details of the incident. They will follow up and then possibly charge him with the additional crime.

You can petition the courts for a restraining order against this man, and ask the courts to award you full custody of the child, and if granted, you can also deny him visitation rights if the court deems that fit in this case, and by the sounds of it, it would probably be granted. Also, you could probably petition the courts for child support payments.

I understand the concerns for your daughter. You must understand that I have limited information about this man who commited this act against you. I'm not sure if he would assault your child or not based on what information you gave. But of course, I could not rule it out either. If you believe that he is capable of doing harm to your child, then I would certainly recommend that you tell that to the courts. They are going to do what is in the best interests of the child, especially in protecting that child from assault or harm.

Best wishes!

Answer 6

First of all I commend you on the fact that you had the baby at such a young age. However I am kind of disgusted at the thought of using a statutory rape charge and threatening him with ten years in prison to keep him away from his child. From what you are saying you want revenge this isn't protecting your daughter its strait up revenge. Cases like this is what makes legitimate rape cases hard to prosecute. You stated he cheated on you stating you guys were a couple. I suggest get an education get a good job and when and if the time comes you take it to the court if he is already in jail chances are he wont get vistation.

Answer 7

Miss metro, you are retarded. Statitory rape is when someone over 18 screws someone under 18. SOmeone under 18 cant consent to sex no matter how much they want it, so her consent doesnt count and it's rape. (And she can't file charges, only her parents can is not completely true. She can't file the charges herself, but she can go to a D.A. since its a criminal case and the people will prosecute him)

if he's in jail, and your the mother, you ahve nothing to worry about. Courts always favor the mother, and if the father has been to jail, he has no chance. Threaten him with it for now, and if the statue of limitations runs out, your child will already be older and have lived without a father. COnsidering these circumstances youd have no problem gaining full custody.

Good luck.

Answer 8

13 year olds might want to okay understand what sex is. they're incapable of understand-how the destiny outcomes of sex, in spite of the undeniable fact that. they have very unrealistic ideas about parenthood and existence regularly. this is the entire aspect of the training the position little ones ought to protect an egg, or a sack of flour, or a variety of robotic toddlers which will cry and not in any respect close up. For that count number, an identical might want to be reported of a few older little ones. "With an immature prefrontal cortex, in spite of if little ones do not forget that something is risky, they might want to nevertheless pass ahead and interact interior the risky habit. recognizing the asynchrony of progression of the areas of the mind enables us to work out adolescent possibility-taking in an entire new mild. This broadened view of possibility-taking and the concept of self-regulation are explored interior the subsequent area." See my first link. the problem between the scholars and instructor has an extra problem. the instructor is very virtually 1/2 again the age of the girls in touch. And he's able to authority over them. in spite of if he isn't any longer their instructor without delay, a instructor has a tremendous variety of potential to both tender a scholar's way, or make his/her college adventure depressing. there is always an undercurrent of stress in relationship situations of this nature. particular, it would want to be tremendous. it may also be be a classic case of "an A for a lay", this is, the scholar is conscious okay that if she places out, she receives a larger grade than she benefits, or she will pass the direction if she change into failing. in spite of the undeniable fact that, if she doesn't play alongside, that aspect period paper that she worked on for months might want to disappear, or different workplace artwork might want to get twisted up. because of those themes, even college professors are not allowed up to now their scholars, even in spite of the undeniable fact that those scholars are legal adults. there is basically too a lot threat for abuse. this isn't any longer basically the age difficulty, in this difficulty, in spite of the undeniable fact that the potential difficulty. There are "Romeo and Juliet" exceptions even as youthful fans are close in age in some states. yet for the most area, this is always an older individual taking income of a naive minor's infatuation.

Answer 9

You should know that a DA can file the charge without your consent. Laws in the US vary by state. I need to get legal counseling. This may be free but you need to find out the details in your area.

Answer 10

I don't think you can do anything but call a lawyer.
Since so much time has went by I think pretty much everything has a 2 year cap on it.But check your state laws.