Can an Adult Be Prosecuted for Getting a 17-Year-Old Pregnant

[Devo1995]

My question involves juvenile law in the State of: California

Im due at the end of Febuary but im 17 and my boyfriend who lives with me and my parents is 24. My family accepts him and he works and always plans to support me and the baby. My question is the delivery room. I was planning to say he was just a friend of relative so he can be in the delivery room but i herd the nurses get suspiciose and will request for him to take a dna test involving the police. I dont want him to get arrested and i was wondering would he be able to sign the birth certificate if i tell the nurses he is the father but will they question the birth date of his? Or would it be easier to get married with parental consent. I want him to be there for the delivery but if it risk his freedom i dont want him to get in trouble. I dont know what to do and i need help?

[cdwjava]

My question involves juvenile law in the State of: California

Im due at the end of Febuary but im 17 and my boyfriend who lives with me and my parents is 24. My family accepts him and he works and always plans to support me and the baby.

Then your parents have contributed to your delinquency (a misdemeanor) and could lose custody of you, and your boyfriend has committed a felony and can go to prison.

Your parents had best sign for the two of you to get legally married immediately lest he go to prison.

Given your age a medical practitioner will be required to report the sexual assault upon you that got you pregnant and the police and child services WILL get involved.

[cbg]

The age of consent in California is 18, and under CA law your boyfriend committed a felony when he had sex with you. The baby is proof positive of his guilt. I will leave it to Carl to say what is likely to happen but there is no relief in the law for him.

[cdwjava]

Most prosecutors will not pursue it if they are married, but if not he can expect for felony charges to come his way.

[aardvarc]

The age of consent in California is 18. Given his age, he does not fall under the "Romeo and Juliet" protection of the law and can be found guilty of a misdemeanor under PC 261-269. It doesn't matter if your parents approve or not - they do not have the legal ability to "permit" a crime to be committed against you. Getting married now won't change the fact that you weren't married at the time the crime was committed, so criminal charges are still possible. How likely it is that any given prosecutor would want to pursue the case, only the given prosecutor can tell you.

I was planning to say he was just a friend of relative so he can be in the delivery room

You can have anyone present that you wish. You don't have to justify WHY you want anyone there with you.

but i herd the nurses get suspiciose and will request for him to take a dna test

You heard wrong. And if you didn't hear it from an attorney, you have to take it with a grain of salt. "I heard" are the most dangerous words in the English language when you're talking about things that can end up with someone in jail and with sex offender registration looming in their futures. Yes, the nurses may suspect that he's the father, and if so, they can report the potential crime to police and/or child services. The nurses might suggest a DNA test, but only a JUDGE can ORDER a DNA test, either as part of a paternity proceeding, or via the issuing of a warrant seeking DNA evidence in a criminal case.

He can either sign the birth certificate, or he can sign nothing. Completely up to him. Of course if he signs the birth certificate, he's admitting to being the father, and thus, to the act that he could be prosecuted for.

Since he is in a position of being POTENTIALLY charged with a crime, HE needs to be speaking to a criminal defense attorney BEFORE he takes any action. He cannot un-do what's been done, but he needs to fully understand the implications inherent in the situation.

[cdwjava]

The age of consent in California is 18. Given his age, he does not fall under the "Romeo and Juliet" protection of the law and can be found guilty of a misdemeanor under PC 261-269.

Given the age difference he can be charged with a felony per PC 261.5.

You heard wrong. And if you didn't hear it from an attorney, you have to take it with a grain of salt. "I heard" are the most dangerous words in the English language when you're talking about things that can end up with someone in jail and with sex offender registration looming in their futures. Yes, the nurses may suspect that he's the father, and if so, they can report the potential crime to police and/or child services. The nurses might suggest a DNA test, but only a JUDGE can ORDER a DNA test, either as part of a paternity proceeding, or via the issuing of a warrant seeking DNA evidence in a criminal case.

The mere fact that mommy will be underage will mandate their reporting the sexual assault to the police and child services. In fact, it is probable that any doctor she has seen concerning her pregnancy may have already reported it.

It is rare that prosecutors here will prosecute a husband of a 17 year old that gives birth. He can minimize his risk of prosecution by marrying the girl. But, he needs to consult with an attorney before even doing that because that will also put the spotlight on him and could result in prosecution if the DA is particularly hardcore about these things.

[CourtClerk]

and birth certificate applications ask for the date of birth of the parents. He signs a DOP, and he's just given them his DOB.

Perhaps he should have thought about it before he decided to sex a little girl... and what were your parents thinking?????

[Dogmatique]

Interesting ... the state would have to prove that they had sex in CA .. other states have lower age limits that would have been OK.

So if they do not tell police where they copulated, they should be OK ... anyone else have thoughts on this point?

Yeap, you're wrong.

[cdwjava]

Interesting ... the state would have to prove that they had sex in CA .. other states have lower age limits that would have been OK.

So if they do not tell police where they copulated, they should be OK ... anyone else have thoughts on this point?

Not all that tough. There are a number of ways to establish this and it is doubtful that the defense would want to challenge it. After all, to challenge it would mean admitting to transporting a minor across state lines for illicit and immoral purposes ... Google the Mann Act.

As someone who has worked juvenile crimes for half his career I can tell you that this is rarely an issue and usually one or more acts within the state are stipulated to or can be articulated based upon testimony of witnesses. (Ever known a teenage girl NOT to talk to her friends about this stuff?)

[cdwjava]

But the boy will not be charged with the Mann Act. In either case The STATE has the burden ... if the couple did not speak to anyone about their interlude then the state cannot prove either claim (sex with minor in CA or Mann Act, federal). And it would not admitting to anything, its not an affirmative defense. The state must prove where the copulation occurred w/o the testimony of either party ... the girl would need to testify to where it occurred & I doubt you'll get such testimony if she does not wish to give it; she'll just take the 5th.

That's how I would see this playing out.

I've been involved in dozens of these cases - perhaps a hundred or more - and the state has never had any difficulty making the case that sexual relations occurred in the state. Chances are the defense won't even argue it, and if they did the state will likely have prior statements from the victim, the suspect, friends who the parties confided in, etc. who will testify.

This is a red herring defense and in 20 years I have never seen it argued. I have seen it argued that sexual relations occurred in another country (Mexico, but we were on the border and both families lived in Mexico so this was a realistic possibility. But, in all those cases there were stipulations made that permitted the prosecution to be done here. What those might have been you'll have to ask the SD County DA's Office.

It's a creative idea, but should represent little to no problem.