Unlawful sexual intercourse ?

Question

A girl is 17 and she is pregnant by a 27 year old baby is due 1 month before she turns 18. what will happen in the hospital when the baby is born both the girl and her parents dont want to press charges against the baby's dad can anybody else do so like the social worker, doctor, nurses at the hospital without them wanting to press charges. since the girl is so close to turning 18 and they dont want to press charges will the social worker at the hospital just try to convince the girl to press charges or will she do it for her.

She lives in CA

Answer 1

The relevant statute section appears below:

PENAL CODE
SECTION 261-269

261.5. (a) Unlawful sexual intercourse is an act of sexual
intercourse accomplished with a person who is not the spouse of the
perpetrator, if the person is a minor. For the purposes of this
section, a "minor" is a person under the age of 18 years and an
"adult" is a person who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual
intercourse with a minor who is not more than three years older or
three years younger than the perpetrator, is guilty of a misdemeanor.

(c) Any person who engages in an act of unlawful sexual
intercourse with a minor who is more than three years younger than
the perpetrator is guilty of either a misdemeanor or a felony, and
shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of
unlawful sexual intercourse with a minor who is under 16 years of age
is guilty of either a misdemeanor or a felony, and shall be punished
by imprisonment in a county jail not exceeding one year, or by
imprisonment in the state prison for two, three, or four years.

Obviously, a crime has been committed. The hospital employees may very well be duty-bound to report it to the authorities. Under those circumstances, it will be up to those authorities whether to proceed with prosecution or not.

Answer 2

It depends entirely on State law. If 17/27 is illegal in her State then the State can charge him whatever the victim or her parents want. It's a common misconception that victims of a crime have a choice as to whether to "press charges". If you break the law the State can prosecute you even if the victim doesn't want them to.

If the hospital, the nurse, the social worker, or anyone else tells the police then (again, if 17/27 is illegal in her State) he can be charged.

The Statute of Limitations, by the way, is typically between 3 - 10 years depending on State, so if she gets mad at him in a couple of years she can go ahead and file a police complaint then.

Richard

EDIT:
I must correct Drew's comment that "This is a clear case of Statutory Rape". Whether it is or not is totally dependant on WHERE it occured.

In the UK, for example, it's legal if the girl is 16. In the US it varies from 14 (South Carolina only) to 18 (several States)

Richard

Answer 3

Only the state can press charges. Anyone can report the crime (and a crime has been committed, because the age of sexual consent in CA is 18, and all the matters is the child’s age at conception, so even if she turned 18 before the baby was born, it’s irrelevant). Some people--for example, doctors, teachers, etc--are required by law to report this crime.

Answer 4

It relies upon fullyyt on the age of consent in her jurisdiction, and you do no longer say the place it relatively is. The age of consent varies by employing united states, from as youthful as 12 to as previous as 29 (and in some international locations, greater-marital intercourse is prohibited at any age). Even interior some international locations the age of consent can selection by employing State or district - interior the US, as an occasion, it varies by employing State - 14 in 3 States, 15 in a pair of others, sixteen in maximum, 17 in a single or 2 greater, and 18 interior the rest. Richard

Answer 5

Well, the act was commited while underage, despite when the baby is due. Someone has to make a complaint to get the law involved. If it is consensual it makes quite a difference. 17 is still under age if someone want to complain and take it to court, the bench has an obligation to hear it. At least in Ohio. In this case the parents have no problem with it apparently, so why the social worker?

Answer 6

I don't know of anywhere in the US or UK where 18 has any significance it is usually 17. Certainly in the USA if the 27 year old was a guardian in some way (e.g. teacher) then there could be problems. The fact that you were nearly 18 would not matter at all. Either the hospital or social services could report the pregnancy. Whether they would or not I cannot say.

Answer 7

I thought that most if not all states, the legal age to consent to intercourse was 17, so she would be safe. Contact a local free legal assistance company. Since it's a quick answer I don't think they'd charge anyway.

Answer 8

Everyone in the hospital is a mandated reporter.
This is a clear case of statutory rape.
Draw your own conclusions.

Answer 9

just one point: Gifted says consent matters. Statutory rape is a strict liability crime, so the mental state of either party is irrelevant. Also, ages vary by state, but I am sure you could google that info easily.

Answer 10

I never heard of a hospital prying into anyone's business like that. Now if you get on public relief, that's another story. They WILL get into your business and go after the father themselves with their lawyers and make him pay up. If anyone hassles you at the hospital they are violating your rights and you have the right NOT to speak with them.