This is about age of consent law as modified by marriage, in general (so feel free to answer as per whatever state you like, but tell which).
So I wondered... in many states, it is legal for a girl to marry very young (at least as early as 15, if not younger)... and of course, it is legal for a husband to have carnal knowledge of his wife, as long as she is not coerced.
Now I was wondering... an adult has sex with an underage girl. And they marry. Does the marriage retroactively make the acts of statutory rape (or worse) that happened before it took place legal? (or at least guarantee a pardon from the courts should they become interested in the case)
2007-03-12 12:21:23 · 5 answers · asked by Svartalf 6 in Politics & Government ➔ Law & Ethics
We're also dealing with whatever happened BEFORE marriage, right?
I must mention that this question was motivated by this one : http://answers.yahoo.com/question/index;_ylt=Ao9rl9puIRCqdU1beZpw78LW7BR.?qid=20070312153056AAUPPz1
2007-03-12 12:30:27 · update #1
Thanks Robert... but this is a matter of general curiosity, not a serious legal problem... at least as far as I'm concerned.
As mentioned above, I wondered after reading another question. To boot, I am not personally concerned, being French (which you can see if you check my profile)
2007-03-12 13:22:03 · update #2
No easy answers on this...all the more reason the accussed needs to get a good attorney.
No, the marriage does not retroactively negate the act of Statutory Rape; however, it would cause the prosecution to loose steam over the prosecution of the crime in the matter as one or both parent/legal guardian is condoning the behavior and another judge condoned the behavior by allowing the marriage.
Whether or not the prosecution would proceed with prosecuting the case and whether or not their would be a conviction would be dependent on any other number of other factors but would not automatically mean a dismissal or acquittal (a pardon is only issued after the fact of a person who has been convicted of a crime).
Usually the charges are brought in the first place when there was a non-custodial father, grandparents, CPS caseworker or the community as whole (usually in smaller towns) that has reported the issue to police and they will continue pushed the DA to continue the case because they feel that the girl was taken advantage of by not only the guy she married, but also her mother on theory of law, they could successfully prosecute the case in the event of a pregnancy that occurred while the girl was under the age of consent (the DNA from the baby could prove the time).
If the prosecution was successful and resulted in a conviction, the girl could be appointed a Guardian Ad-Litem would could petition the Court for Annulment of the Marriage, file a restraining order against the guy (but the girl could petition the Court when she was 18 or 21, depending on the laws where they live, to have it lifted) and the guy could be sentenced for committing a sex crime, serve jail time and have to be a registered sex offender and could be deported.
A case of an offender that was convicted, had two children with the victim, served time in prison (approx 7 years) and ended up marrying the victim years later when the victim became of legal age (after petitioning the Court to lift the Restraining Order) did not negate her conviction or her status as a sex offender, would be Mary Kay LaTourneau.
However, my personal position on the matter is it is too bad that the mother of this girl cannot be prosecuted for child neglect/endangerment as from the tone of her question she condoned the relationship with her daughter, likely because "he has a good job and makes good money" and the mother doesn't want to be responsible for her own child, or may even being using her own child if the guy in this matter is supporting the girl and the mother.
2007-03-12 23:38:20 · answer #1 · answered by bottleblondemama 7 · 1⤊ 0⤋
dont rely on the answers in this forum of reliablity on this topic.. before you comit to anything that is strongly considered a dumb move by the courts. check with your local state statute sources, else wise you are looking a long term vacation where the sex life that you will be receiving, will not be of your liking or choosing. just because some redneck said he got away with it once, the laws have changed since, and drastically, at that. in some countries, you can still be beheaded for this.
2007-03-12 19:36:22 · answer #2 · answered by robert r 6 · 1⤊ 0⤋
In at least some states, yes.
The act of marrying makes both parties immune from any prosecution for stautory rape.
It's not so much that the marriage makes it legal. It just provides a legal defense and immunity to prosecution.
2007-03-12 19:24:24 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
In some states, yes. It is a little confusing why this would be a concern if the boy and girl are married. Why, after marrying, would someone sue?
2007-03-12 19:29:58 · answer #4 · answered by watanake 4 · 0⤊ 0⤋
No ex post facto law is ever legal.
2007-03-12 20:36:35 · answer #5 · answered by WC 7 · 0⤊ 1⤋