Legal Question in Military Law in Oklahoma
Enlistment question
I was scheduled to leave for basic training this summer and had a medical issue that caused a 3 month deferrment. When I reported for basic I did not make weight. I have been released with a do not return before date to re-do my paperwork. Since then I have found out that a girl I was dating is pregnant. She had told me she was 17. When she informed me she was pregnant, she also told me she will be 16 this month. Her parents are not pressing charges and just want me to take care of my financial responsibility. The civilian attorney I spoke with said that this is such a common issue that unless the parents file a complaint there won't be any criminal charges. Will the military have an issue with the military? I want to be in the military but need to verify there will not be any issue before I sign new papers.
1 Answer from Attorneys
Re: Enlistment question
I am sure your civilian attorney has it absolutely right.
The only way the military will have an issue is if a prosecution is commenced after you enter. If that happens, it could be very bad. The statute of limitations determines how long the state has to prosecute you. Until that statute runs you are still subject to prosecution, and the child will be evidence of your non-marital and unlawful sexual intercourse. So, technically, until that statute runs, you are at risk of prosecution. Whether you get prosecuted depends a lot on what the girl and her parents want to do.
Depending on your state, marriage to the girl might create a privilege, but there are often ways around the privilege. You need to be very faithful in attending to your financial responsibilities, particularly where the statute has not run out yet. You do not want to give the girl or her family an excuse to prosecute you.
Good luck.
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