Can I be charged with statutory rape if I’m 21 and my girlfriend was 15 when she got pregnant but she had the baby at 16?

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Can I be charged with statutory rape if I’m 21 and my girlfriend was 15 when she got pregnant but she had the baby at 16?

She’s almost 17 now. The parents are OK with our relationship.

Asked on December 10, 2012 under Criminal Law, Indiana

Answers:

David West / West & Corvelli

Answered 8 years ago | Contributor

You can be charged with statutory rape under these facts.  If you were more than 18 years of age when you had intercourse with a girl 15 years old or younger then you can be prosecuted and convicted of statutory rape in Georgia.  Normally, a person cannot be convicted of statutory rape based solely on the uncorroborated statement of he minor girl; however, in your case, because she had a child - the proof of the intercourse and the dna that would show you to be the father would proove the approximate date of conception and the age you both were around that time period.

This is a VERY dangerous situation and one in which you should most definately seek the advice of a highly trained criminal defense lawyer.  Lawyers like myself can advise you on how much exposure you have to this felony charge and what might be able to be done to prevent any arrest or conviction.  Even though the parents are okay with the relationship, if anyone else figures out the timetable of events and wishes to report their suspicions then you will be in grave danger.

I strongly encourage you to seek free legal advice and contact a lawyer right away to discuss this matter in greater detail.  With strong legal representation, your outcome in this situation is sure to be much better than if you wait for something terrible to happen.

Best Regards,

David S. West

Attorney at Law

 

David West / David West & Associates

Answered 8 years ago | Contributor

You can be charged with statutory rape under these facts.  If you were more than 18 years of age when you had intercourse with a girl 15 years old or younger then you can be prosecuted and convicted of statutory rape in Georgia.  Normally, a person cannot be convicted of statutory rape based solely on the uncorroborated statement of he minor girl; however, in your case, because she had a child - the proof of the intercourse and the dna that would show you to be the father would proove the approximate date of conception and the age you both were around that time period.

This is a VERY dangerous situation and one in which you should most definately seek the advice of a highly trained criminal defense lawyer.  Lawyers like myself can advise you on how much exposure you have to this felony charge and what might be able to be done to prevent any arrest or conviction.  Even though the parents are okay with the relationship, if anyone else figures out the timetable of events and wishes to report their suspicions then you will be in grave danger.

I strongly encourage you to seek free legal advice and contact a lawyer right away to discuss this matter in greater detail.  With strong legal representation, your outcome in this situation is sure to be much better than if you wait for something terrible to happen.

Best Regards,

David S. West

Attorney at Law

 


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