If I'm 17 and the baby's father is 24, will father face statutory rape charges?

Question Details:

I'm 14 weeks pregnant and the baby is not due till after I'm 18.  The father has been charged with statutory rape before and still on parole. I do not want to send him to jail but am thinking about filing for child support when the baby is born. If I do are there any charges he can be charged with?

Asked 11/16/2009 under Criminal Defense | 230 View(s) | More Legal Topics

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Criminal Defense Law Answers

Most states do not refer specifically to statutory rape; instead they use designations such as "sexual assault" and "sexual abuse" to identify prohibited activity.  Regardless of the designation, these crimes are based on the premise that until a person reaches a certain age, they are legally incapable of consenting to sexual intercourse.  Thus, instead of including force as a criminal element, theses crimes make it illegal for anyone to engage in sexual intercourse with anyone below a certain age, other than thier spouse.  The age of consent varies by state.

In Oregon the age of consent is 16; so there was no criminal activity in your situation.

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