is it true? i just heard it somewhere that if a boy whos not even raping the girl gets her pregnant before shes 13, he will go to prision.
2007-08-20 03:08:42 · 8 answers · asked by SCU 5 in Politics & Government ➔ Law Enforcement & Police
In my own jurisdiction:
Rape in the second degree.
(a) A person commits the crime of rape in the second degree if:
(1) Being 16 years old or older, he or she engages in sexual intercourse with a member of the opposite sex less than 16 and more than 12 years old; provided, however, the actor is at least two years older than the member of the opposite sex.
(2) He or she engages in sexual intercourse with a member of the opposite sex who is incapable of consent by reason of being mentally defective.
(b) Rape in the second degree is a Class B felony.
If the "victim" is under the age of 12...the offense becomes a Class A felony.
2007-08-20 03:24:10 · answer #1 · answered by KC V ™ 7 · 4⤊ 0⤋
So much bothers me about this question, I can't even begin to answer it. First of all, no one should be having sex before they are married. Second, no girl, or boy should be having sex at 13. Third, no 13 year old should be in prison.
In answer to your question however, it depends on what state you are in, and how old the father of the baby is. Some states have a "romeo and juliet" law that makes it not a crime for juveniles to have sex. But it is still STUPID!
If the boy is older than her, or in some states, just a certain number of years older, then he may be criminally responsible. Sounds like some bad choices have been made. They are both responsible - but a 13 year old cannot make life changing decisions, which is why they shouldn't be having sex in the first place!
2007-08-20 03:34:30 · answer #2 · answered by .. .this can't be good 5 · 0⤊ 1⤋
It all depends on the state you're in, since each state has it's own requirements and regulations concerning statutory rape. I can say the guy WON'T go to jail for getting a child pregnant...he will go to jail for having intercourse with her (pregnant or not plays no part).
2007-08-20 03:29:04 · answer #3 · answered by evans_michael_ya 6 · 0⤊ 0⤋
No, he would not go to prison and there is no such law. Because they are both under the age of 18 one cannot be tried for statutory rape, as they are not violating the statute which is for adults - those 18 and older. Age of consent doesn't matter in this regard, as the girl would have also committed statutory rape by this logic (you can't say that only the boy committed statutory rape, as the girl did too according to this logic). The law can't discriminate in this regard, so neither one of them would go to prison.
2007-08-20 05:27:19 · answer #4 · answered by Dan 3 · 1⤊ 1⤋
If it is a "boy" then he could go to Juvenile Hall. A girl under the age of 16 is not of consenting age therefore it is considered "statutory rape", if I'm not mistaken.
That makes a lot of sense, a boy being put away for impregnating a young girl....shouldn't he be helping raise a child? I don't think it's right but what the heezy?!
2007-08-20 03:16:09 · answer #5 · answered by Anonymous · 0⤊ 2⤋
first allot will depend on the age of the boy, second a girl at that age in legal terms can not consent to sex, so if prosecuted it would not matter if she consented, also the crime is what is called strict liability offense meaning the action alone = conviction
in general what can happen is jail time plus they boy would be considered a sex offender and must register as a sex offender for the rest of his life
2007-08-20 03:22:04 · answer #6 · answered by goz1111 7 · 1⤊ 0⤋
It's certainly and more than likely possible. He'd probably go to a juvenile housing unit until he turned 18 if his sentence reaches that age.
2007-08-20 03:13:12 · answer #7 · answered by Glen B 6 · 2⤊ 0⤋
13 year old girls are not capable of giving consent, according to the law. Unless the pregnancy happened via invitro fertilization, it is rape.
2007-08-20 04:00:38 · answer #8 · answered by wuxxler 5 · 1⤊ 0⤋