If a19 year-old gets a 13 year-old pregnant, what kind of trouble is he in?

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If a19 year-old gets a 13 year-old pregnant, what kind of trouble is he in?

They say there in love and want to marry. What are their rights? 

Asked on April 12, 2011 under Criminal Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First of all, consent is not a defense, no matter how "in love" they may be. Additionally, the girl is to young to legally marry.  The fact of the matter is that in WA,  this conduct will be considered to be the offense of "Rape of Child in Third Degree".  The applicable statute reads, "Any person who engages in sexual intercourse with any person at least 12 but less than 14 years old and where defendant is at least 36 months older than victim. It is a Class A Felony.  Frankly, the 19 year-old needs legal counsel ASAP.


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