If I’m 16 and pregnant by a 21 year old, could he go to jail when we try to get a marriage license?

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If I’m 16 and pregnant by a 21 year old, could he go to jail when we try to get a marriage license?

My parents want us to get married.

Asked on May 12, 2011 under Criminal Law, Georgia

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue as I see it is not a marriage license, but rather the age of consent in georgia and how many months pregnant you are.  The age of consent varies from state to state.  In Connecticut, its sixteen.  In other states its older or younger.  If your pregnancy is proof that you had sex prior to your age of consent, then in theory he could be arrested/prosecuted for statutory rape if law enforcement finds out.  If it does constitute statutory rape, you therefore probably want to fly under the radar of law enforcement for as long as possible.  Getting married wont necessarily trigger a response by law enforcement, but it might.  Therefore, if I were you I would contact a local criminal defense attorney to determine the extent of your boyfriend's liability in order to evaluate your best course of action.


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