Requirements for Statutory Rape Conviction

[cdwjava]

im sorry- isnt there such a thing as dropping charges?

Sure. But that decision will be up to the district attorney and NOT up to the girl, her parents, her grandparents, or her hair stylist.

like i said shell be emancipated at 16 and shell have every right to deny a blood test of her child is there any chance of a case?

No, she won't. She does not have a right to deny evidence of a crime ... additionally, don't be so sure she'll be emancipated at 16! Judges do NOT find getting pregnant underage to be evidence of good common sense or maturity - something generally required to convince a judge to grant emancipation prior to 18. So, she shouldn't count on this emancipation thing.

- Carl

[Sublime13]

Sweetie, where do you think babies come from?

She was a child incapable of giving consent to any sexual contact. He did not fall into the affirmative defense category. In essence, he raped an underage girl. It will be up to the DA as to whether or not to press or drop charges.

No, she won't have the right to deny court ordered DNA testing.

Your brother really needs to discuss this with a criminal atty to find out the reality of what he may be facing. I don't think that you understand enough to give him any realistic help. I'm not trying to insult you. I'm just saying that if you can't understand the basics of the law, you may do more harm than good.

like i said, he wasnt 18 and he hasnt seen her since well before he did turn 18, there wouldnt be enough evidence to go to trial would there?if its all circumstantial stuff and what ifs? and like i said there is no way that either one of them would admit to it, so i dont see how he can randomly test people without reason or cause

[panther10758]

Scott Peterson sits on California's "Death Row" based on nothing but circumstancial evidence.

[jojo4]

Okay, one more time....


There is cause because she is giving birth to a baby. She was obviously not of legal age to give consent when she concieved. Others (her DAD, for instance) know that your brother was seeing this girl. It does not matter that he was not 18. She was under the age of consent, he was over the age of consent, and he was not within the 2 year affirmative defense window.

I will not say that he will definitely face prosecution. I will say that he should seek a criminal atty to help him figure out what he could POSSIBLY face and the best recourse to take if and when that unhappy event comes to pass.

He cannot claim that he did not commit an unlawful act with this child just because she turns 16. Turning 16 does not negate his previous actions.

I will say this again. You do not seem to be able to understand the very basics of this situation. Please, if you really want to help him, tell him to get a consult with an atty.

[cloudnine]

like i said, he wasnt 18 and he hasnt seen her since well before he did turn 18, there wouldnt be enough evidence to go to trial would there?if its all circumstantial stuff and what ifs? and like i said there is no way that either one of them would admit to it, so i dont see how he can randomly test people without reason or cause

You're not getting it. It doesn't matter if he hasn't seen her since before he turned 18. The fact is they had sex and now there's a baby on the way. His crime doesn't disappear because he stopped seeing her.

If the baby is born (and research has shown that it will be), THAT IS THE EVIDENCE that he is the father. A simple blood sample will show that. If there is reasonable suspicion that he is the father (which is easy to prove... just have to look at what period they were dating) he will be tested.

Like it has been stated before, tell him to get a lawyer.

[Sublime13]

Sure. But that decision will be up to the district attorney and NOT up to the girl, her parents, her grandparents, or her hair stylist.


No, she won't. She does not have a right to deny evidence of a crime ... additionally, don't be so sure she'll be emancipated at 16! Judges do NOT find getting pregnant underage to be evidence of good common sense or maturity - something generally required to convince a judge to grant emancipation prior to 18. So, she shouldn't count on this emancipation thing.

- Carl

oh and by the way, emancipation HAS been know to go through in situations when the person is moving into a relatives house and when their current home is an abusive one (both of these situations apply here) but for all of you who are being unfriendly i want you to just shut it if you arent going to contribute to the conversation, why do you think i posted the question? obviously i dont know much about law or this situation, so if your not going to try and help me by shedding a little more light on it then just shut up

[jojo4]

No, that is not legal emancipation of a minor. That's a whole 'nother ball game.

If she were to be emancipated, she would have to show that she is fully and completely independent of any outside support, living on her own, and conducting her own affairs.

Moving into a friend's or a relative's home is nowhere close to that definintion.

Being removed from an abusive home is NOT emancipation of a minor. The state and/or whomever she is assigned to live with will have complete care and control of her until she is a legal adult and able to live on her own.

Sublime...how old are you? Are you 13, as your screen name seems to suggest? If so, that explains quite a bit.

Oh...and you don't get to pick and choose who responds to your post on a public forum. That's not the way it works. If you don't like the response, just ignore it.

[cloudnine]

oh and by the way, emancipation HAS been know to go through in situations when the person is moving into a relatives house and when their current home is an abusive one (both of these situations apply here) but for all of you who are being unfriendly i want you to just shut it if you arent going to contribute to the conversation, why do you think i posted the question? obviously i dont know much about law or this situation, so if your not going to try and help me by shedding a little more light on it then just shut up

And what did Carl say that wasn't good information to have? I don't remember you stating she was in an abusive house, but if you did, I apologize for missing it.

Carl contributed. He stated that pregnancy doesn't help her quest for emancipation. Other people have explained time and time again what your brother should do and that YES there is evidence to convict him. The problem is you're not hearing it or you don't want to believe it. Tell him to see an attorney!

And if she's in an abusive home, she should call CPS or at least have proof that she's being abused.

[Sublime13]

And what did Carl say that wasn't good information to have? I don't remember you stating she was in an abusive house, but if you did, I apologize for missing it.

Carl contributed. He stated that pregnancy doesn't help her quest for emancipation. Other people have explained time and time again what your brother should do and that YES there is evidence to convict him. The problem is you're not hearing it or you don't want to believe it. Tell him to see an attorney!

And if she's in an abusive home, she should call CPS or at least have proof that she's being abused.

im sorry if i ranted off a little, the end of that post had nothing to do with carl but someone else, and i have already advised him to get a lawyer, that had nothing to do with the question i asked, i asked what evidence was needed to try and convict someone of statutory rape, not advise on what he should do. and 13 happens to be my lucky number by the way

oh and coming from an abusive home myself i know that cps doesnt do jack so dont try and tell me that. theyve called cps several times, the poor girl has panic attacks when shes in the same room as him for too long, they dont feed her, let her wash her clothes, see her grandparents, go to work, go to friends houses, talk on the home phone line, they even destroy her clothes and dump gerbage in her room. tell me thats the kind of house youd like to live in?

[panther10758]

Shes pregnant that evidence is also provides a time line of when the sex act occured