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  1. #1
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    Default How Long After Statutory Rape Can Charges Be Filed

    My question involves criminal law for the state of: Minnesota

    My Fiance has a Child and we would like to get custody but, when the child was conceived in 2005, The mom was 14 and He was 21, the age was not known at the time, and we would like to know if they can press charges against him before we apply for custody. The home of the Father is more Financially stable, Mentally Stable, and Sanitary.

  2. #2
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    Default Re: How Long After Statutory Rape Can Charges Be Filed

    He didn't know his age at the time? How odd.

    Why don't you share the background facts with us. Paternity was established when and how? Mom has custody - what visitation does dad have, how much support is he paying, and is there a court order underlying that access and support? If there is a court order, when did the court issue its custody and support ruling(s)?

  3. #3

    Default Re: How Long After Statutory Rape Can Charges Be Filed

    Although Minneota normally has a criminal statute of limitations of 9 years when the victim is under 18, there is a DNA exception says that indictments may be filed at ANY time after the commission of the offense IF physical evidence capable of being tested for its DNA characteristicse exists. The child that resulted from the criminal sexual conduct is a walking DNA goldmine and proof of the identity of the father - "State's Exhibit A" for a charge of Criminal Sexual Conduct. Whether or not the state would be interested in pursuing such a criminal charge at this point, only the specific DA being presented the case could tell you. As politically incorrect as it may be, many DAs aren't willing to pursue cases where doing so would destroy an otherwise intact family or when, for example, the couple later marry. Since that's not the situation in this particular case, a criminal charge could still be in play against the father. The answers to Mr K's questions can also help provide insight on the situation that would also be evaluated by a DA. But the persons best qualified to give dad odds on his local DA bringing a case will be found in the local offices of criminal defense attorneys who have dealt with the local prosecutors and has prior local cases to evaluate. Is it technically possible? Yes. Probable? Gotta talk to your locals for that.

    Depending on what degree of statute 609.342 he'd get charged with, he'd be facing anything from 5 to 30 years in prison, and $5k to $40k in fines. Therefore, he needs to be consulting with at least one, and preferably more, criminal defense attorneys BEFORE he gets embroiled in a custody case.


    we would like to get custody
    DAD can seek custody. You will remain a legal stranger to the child until and unless you (a) get married and then (b) legally adopt the child.



    The home of the Father is more Financially stable, Mentally Stable, and Sanitary.
    And also has a person in it who had sex with a 14 year old. Dad has a battle ahead of him. He needs to consult with a criminal defense attorney AND a family law attorney, in that order.
    Catherine NeSmith
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  4. #4
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    Default Re: How Long After Statutory Rape Can Charges Be Filed

    Quote Quoting aardvarc
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    And also has a person in it who had sex with a 14 year old. Dad has a battle ahead of him. He needs to consult with a criminal defense attorney AND a family law attorney, in that order.
    We're talking about a six or seven year old child. Nobody's chomping at the bit to file charges.

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