Legal Question in Criminal Law in California

Underage pregnancy

If an underaged girl gets pregnant by an adult can he get charged with stagetory rape after a DNA test if she has already turned eighteen?


Asked on 2/10/09, 3:45 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Underage pregnancy

Yes.

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Answered on 2/10/09, 5:21 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Underage pregnancy

You nailed her, they've nailed you.

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Answered on 2/10/09, 3:49 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Underage pregnancy

Yes, and no DNA test would be necessary.

What matters is whether the girl was underage when she and the adult had sex. That she became an adult before the resulting baby was born doesn't matter. This would have been statutory rape (which California now calls by a different name) even had she not become pregnant; if anything, the resulting pregnancy makes the matter more serious and not less.

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Answered on 2/10/09, 3:51 pm


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