CanI be charged with statutory rape if I’m still with the girl and am helping tp raise our son?

My girlfriend is 17 and I am 21; we have been together for close to 3 years now and have a 20month old son. When I first met her she was 14 and I was 18; she told me she was 17 at the time. I wanted to take it slow but she insisted multiple times that we have intercourse which is what led to our son. After finding out her real age I broke up with her but then she told me she was pregnant. I felt bad about the situation so I figured yea it was bad that I got a 14 year old pregnant but it would be worse if I just left her. So I ended up getting back together with her to help raise our son.

Asked on December 15, 2011 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, whether you could be charged with statutory rape has nothing to with whether you stayed with your sexual partner and/or helped to raise a child. All that matters is age. While you do not list your state, in most states, intercourse between a 14 year old and an 18 year old would be considered statutory rape.

However, in most cases, it is hard to see the authorities taking action under these circumstances--it happened 3 years ago (which may be beyond the statute of limitations in any event, depending on what state you are in); the two of you have been together for 3 years; she is almost legally an adult; you have been responsible vis-a-vis your child.


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