Legal Question in Criminal Law in California

Re: statutory rape

If you are planning on getting married why not move up the date. If you are married then you are less likely to be prosecuted. Prosecution of you would not require her testimony. The da can get your dna the child's dna and show that you are the father. Barring emaculate conception you had to have sex with her. That would be sufficient to convict.

Re: statutory rape

Thank you for your posting, and the opportunity to serve you further. The charge of statutory rape, if it can be proven, would be based upon the county where a sexual act occurred, not on where the baby was born. Having a baby in another county wouldn't help that fact.

Having your name as the father on the birth certificate doesn't necessarily prove that you're truly the parent, or even that a sexual act took place. It would take the testimony of her, or other witnesses, to prove a case against you, even with circumstantial evidence.

It's smart not to answer any questions to hospital staff or police in a case like this.

I hope this answer helps, but if you have additional questions, or want more information, please feel free to email me anytime at [email protected]. It's my pleasure to help in any way that I can.

Re: statutory rape

I may have some ideas for you, but would rather discuss this with you face to face. Please let me know if you would like to do that. Regardless, do not break any other laws as this could compound the difficulty in this situation.

Regards,

JDH, Esq.

619.866.3535

Re: statutory rape

Statutory rape (which goes by a different name in California) is defined by state law, and the definition is the same throughout the state. Whether you are guilty is determined by where the two of you had sex and has nothing to do with where the child is born.

There may be places in California where you are more likely to be found out than others, but I don't know where they are. Perhaps others will have such information. But even if no one at the hospital makes a report, the authorities might still figure out what happened later and arrest you.

Good luck.