Legal Question in Criminal Law in Pennsylvania

Statute of limitations on Statutory Rape

My brother was 14 back in 2001 when an older woman and him had sex, she was 25. She ended up having a child out of the relationship. My brother is 22 right now. He doesn't want to claim the kid because he doesn't want to have to pay child support but the rest of the family wants him on the birth certificate. Personally I would like to see her in jail for it, so I was wondering if she can be prosecuted without the ''victim'' coming forth since there is proof that they had sex (the child).


Asked on 5/25/09, 11:10 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Statute of limitations on Statutory Rape

If the victim doesn't complain there is no case against this woman.

Supposing he does come forward the DNA test proves he is dad. The mother gets convicted Does dad now get custody? He won't be getting child support from mom. she's in jail.

Sad fact is mom could ask for a paternity test and get child support. Assuming the statute of limitations has run she faces no criminal action.

{John}

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Answered on 5/26/09, 5:27 am


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