Can I be accused of statutory rape if I met my wife when she was 17 and I was 28 and we had a child together but have been together for 2 years?

UPDATED: Sep 30, 2022

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Can I be accused of statutory rape if I met my wife when she was 17 and I was 28 and we had a child together but have been together for 2 years?

Now we are getting a divorces. She is trying to say she and her mother are going to press stactutory rape on me. Can she do that? What are my options?

Asked on December 8, 2015 under Criminal Law, Oregon


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The first thing you need to keep in mind is that someone can make a claim... but the decision to proceed forward or not with the charge is up to the law enforcement agency and the prosecutor.  Most prosecutors will call fowl when someone accepts the benefit of a relationship, has the blessing of a parent and the law, and then tries to call fowl years later.
With that in mind, if they insist on pressing charges, they may have a basis under some of the Oregon statutes.  If they do, you will need to be prepared to defend the charges.  These are not easy or fun charges to defend on your own.  Line up a good criminal defense attorney to help you call B.S. on the charges.  Also line up a good family law attorney.... because they will more than likely attempt to use the criminal charge as leverage in the divorce.    If you can find an attorney to do both or a firm to handle both... that would insure a better coordination of efforts. 

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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