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?

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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

Answers:

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

Answered 5 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. 


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