Requirements for Statutory Rape Conviction

[Sublime13]

i have a brother who was going out with a 15 year old. she got pregnant and hes going into the army since he just turned 18 a couple months ago and while she knows who the father is she will not name the father. and once her dad figures out shes pregnant hes probably going to try and file statutory rape on my brother, but the thing is he was never aware of sexual activity, and when the child was conceived it was during a period when the only contact he was aware of was not inappropriate at all. my question is- if accused of statutory rape, could my brother be convicted with no physical evidence and no blood test to prove the paternity of a still very undeveloped baby?

[blueeagle]

What state is this? I know a lot of states have so-called "Romeo" acts, which prevents somebody from being charged as long as the age difference is not greater then 3 years.

[Sublime13]

minnesota, and like i said her dad would have no case or evidence just blind accusations

[blueeagle]

I just checked and Minnesota's "Romeo" laws only apply if the age difference is not greater then 2 years.

With out proof who the father is I DOUBT her dad could file charges. However, if he has some type of evidence your brother could be facing prison time.

I am not a lawyer so I cannot give you professional legal adivce.I suggest talking to a attorney.

[cdwjava]

When the child comes to term, they will have all the DNA they need ... and guess what the army gets from their new recruits??

If a court feels there is sufficient cause, they will get a court order for paternity testing from any potential father.

- Carl

[Sublime13]

well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

[cdwjava]

well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

You do not know there is no evidence ... if they were seen together, bragged about it, or admitted their rendezvous, that could be enough to get started. Then, when the baby is born, that will be all the proof they need to determine guilt or innocence on his part.

- Carl

[Baystategirl]

well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

The evidence is the child. It's called DNA.

[Sublime13]

The evidence is the child. It's called DNA.

i dont think you understand, she will be emancipated or in the custody of her grandmother well before the baby is born and they wouldnt pursue charges or cooperate with any existing prosecution

[blueeagle]

What makes you so sure her father will press charges anyway?