Legal Question in Criminal Law in California
Adding Fathers Name On BC
My friend is 15 and is pregnant by a 18 year old. They were 14 and 17 at time of conception. Can the baby's father get arrested for any rape charges if she puts his name on the Birth Certificate? Both of their parents are fine with pregnancy, and don't plan on pressing charges but can the state?
1 Answer from Attorneys
Re: Adding Fathers Name On BC
Adding the father's name does not preclude prosecution for statutory rape when an adult male is involved. In this fact pattern the rape is statutory and consent is irrelevent. However the fact that the father himself was a minor at the time of conception is matter that should be played up by any defense attorney. Prosecution however is unlikely, given that parents from both sides are in agreement on not bringing this matter to law enforcement's attention.
Good Luck
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