Does my friend’s ex-girlfriend and mother of his now teenage child have a case against him for statutory rape?

They are now aged 30 and 33 and their son is 14. She has been holding a number of things over his head including the notion that she can file charges against him for statutory rape. They had an accident which lead to the pregnancy when they were dating back when she was 15 and he was 18. They are aged exactly 2 years and 9 months apart. We just want to know if she has a legitimate case against him or if she is just blowing smoke up his chimney.

Asked on November 6, 2011 under Criminal Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Technically there was a possibility for a criminal action many years ago for statutory rape with respect to your friend and his former girlfriend. However given the passage of fifteen (15) years or so from the intimate relation any criminal claim would most likely be time barred by the applicable statute of limitations as to your state's laws on the subject.

You also need to undersstand that even if the former girlfriend wanted to file a claim for statutory rape that may have happened years ago the chances of the district attorney's office filing an action would be pretty remote in my opinion.

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