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

UPDATED: Dec 15, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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