Legal Question in Criminal Law in California
Stachitory Rape/Sex with a minor
My 16 year old step daughter got pregnant by her 19 year old boyfriend. He was warned that sex was not allowed in their relationship and there would be severe consequences if it happened. It happened. What LEGAL steps do I take in order to handle this? I'd rather keep myself out of jail so I could really use some legal advise ASAP. Thanks.
4 Answers from Attorneys
Re: Stachitory Rape/Sex with a minor
Why are you worried that you might go to prison? It sounds like you left some pretty important facts out of your question. Without knowing why you might end up behind bars there is no way to help you avoid such an outcome.
Statutory rape is a crime and, if you report it to the D.A., she will most likely prosecute the boyfriend. Aside from this and a very serious lecture, DON'T try to do anything to him yourself. If you do, you may very well end up behind bars as you fear.
Also, try to be understanding and supportive of your daughter while she deals with the situation and help her decide what she should do. The course of her entire life will be shaped by how she handles this, and it's important that she have guidance and support instead of anger and scorn. An angry parent is the last thing someone in her position should have to deal with.
Good luck to both of you.
Re: Stachitory Rape/Sex with a minor
Like Mr. Hoffman implied, what did you do wrong yourself? Per your facts, you did not participate in the statutory rape. Are you afraid of jail because you had knowledge some illegal act could have occurred.....which did occur?
Re: Stachitory Rape/Sex with a minor
When you call the authorities, there is no guarantee that what they do in response will be helpful to anybody. For example, the police and DA could call social services and they could come and take the baby away. Maybe they will automatically take the baby away and prosecute Dad once the hospital observes a 17 year old giving birth. It has been known to happen that 20 year old Dads and 17 year old Moms have gotten married and made a go of it. It is inevitable that there will be some type of court proceedings (stat. rape, paternity, child support) and it might well go better for Dad if he did marry her.
Re: Stachitory Rape/Sex with a minor
It's no surprise that the father didn't listen to you. But I understand your statement about not wanting to go to jail....you don't want to beat the father senseless and suffer an assault or manslaughter charge. I understand. Your duty is to your step daughter, and her mother has an even greater duty to her. Get the child counseling about having the baby or not having it. It's her choice, but it should be an informed choice. The advice you need is really ''social'' not legal. Research how to be a father to the step daughter, what to do, how to say it and where to go for counseling. Do some self-educating. Good luck.
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