Legal Question in Criminal Law in Florida

Afraid of possible jail time

Hi,

I have a friend who is currently 26 years old. When he was 24 years old, he got a 15 year old pregnant. She is currently 17 years old. Now, when this happened, she told him that she was 18 years old. Also, her mother allowed my friend to go to this girls house and be alone with her in her bedroom. (The mother was aware of his age). My friend feels like he has to continue a relationship with this girl because she keeps threatening him. She tells him that she will put him in jail if he doesn't stay with her. He gives her money and everything, but it isn't court ordered. Is it possible at this time for him to go to jail because of her age? Could this be fought? And also, if child support is court ordered, would he get in trouble with the law because of the age difference? Now remember, she is currently 17 and the baby is already 11 months old. I feel really bad for my friend because he feels so trapped in this situation right now. He is scared to death of jail time and is having to suck up to this girl so bad. He wasn't aware she was 15!!! Oh and also- this has occured in Florida. Thank you for your time.


Asked on 4/18/08, 12:55 pm

1 Answer from Attorneys
Brandon Kolb Kolb, Cintron, & Associates

Re: Afraid of possible jail time

Your friend should consult with an attorney NOW. There is a pretty liberal statute of limitation on crimes involving improper sex acts with a minor. Yes, he could be prosecuted for having sex with the minor. Yes, a judge in family court may feel an obligation to report the situation if a child support case is filed in front of him. Yes, the paternity of the child could be used as evidence of the improper relationship with the mother. Yes, if prosecuted, your friend could go to prison for several years, have the payment of child support become a condition of his sentence/probation, be deemed a sex offender or sexual predator.

No, the 15 year old's misrepresentation of her age is not a defense. No, the 15 year old's mother's complicity is not a defense.

Your friend needs to consult with an attorney NOW.

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Answered on 4/18/08, 6:11 pm


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