15 and Pregnant, Father is 19

[raabitt]

My question involves criminal law for the state of: Wisconsin

Im 15 and live in Wisconsin my boyfriend is 19 we have been dating for a year. I had Christmas break from Dec. 22 - Jan. 2. My dads a truck driver and he runs loads from Wisconsin to Illinois and Iowa. We went with him to Davenport, Iowa in his truck so he wasnt alone through the holidays. My conception date is Dec. 29, i have proof of that from my OB-GYN and ultrasounds. On Dec. 29 we were in Iowa, we had stayed at motel overnight until he had to pick up his next load in Chicago on the 30th. Since in Iowa they have the age gap, where at 14 or 15 the consenting partner can be no more than 4 years apart and it is ok to consent to having sex (i was 14 he was 18 [3 years, 7 months, 16 days, but within 4 years so legal]), can Wisconsin bring up any charges of statutory rape since it did not occur in their state and where it did it was consentual sex. (Also my dads logbook would show he was in Iowa on the 29th of Dec. but I don't really know how we could prove we were there besides just our word and my dads but then again they really couldnt prove we werent there.)

[LawResearcherMissy]

There is no way that will fly. No court in the world would believe that you only ever had sex just that once - and only in Iowa! - and wound up knocked up on your first time out the gate.

The age of consent in Wisconsin - where you live and are about to give birth - is 18. Yes, the authorities can bring your boyfriend up on charges of statutory rape, and since you're under the age of 16, it's a felony.

It would be in your boyfriend's best interests if he sat down for a chat with an attorney before the baby is born. Doctors and nurses are mandated reporters - they are required by law to contact the authorities when they suspect abuse.

[raabitt]

Thank-you for replying. I understand what your saying.

But they have no proof that we did have sex here in Wisconsin. None what so ever. I mean sure maybe they have reason to believe so, if we'd have sex in Iowa why not in Wisconsin? So their going to charge someone with a class C felony based on a "belief" they have, and get away with that? So how can they bring up charges without that proof. And if my conception date is what the OB-GYN said it is, then I did in fact get pregnant in Iowa. We were on the road the 28th. Hotel the 29th. On way to Chicago the 30th. I wasnt in Wisconsin those 3 days. I hope this doesnt sound like an argument or im getting offensive just im really worried.

[cbg]

And you have no proof that you didn't.

You have reason to be worried, kiddo - and your boyfriend has even more reason to be worried because he is going to jail.

Just as an FYI, crossing the state lines to have sex means that he can be brought up on FEDERAL charges, so you might want to rethink your position.

[aardvarc]

No OB-GYN or ultrasound detected a "created on" date sticker on the fetus - medically, there is no way to pinpoint conception that exactly.

This is going to come down to the word of a pregnant minor, who is possibly the vicitm of a crime who doesn't want her boyfriend to get in trouble, vs. the medical status of being pregnant, in your state, at your age.

Yep. Worry is the appropriate response. As advised, your BF should at least consult with an attorney at his earliest possible convenience.

[aaron]

Worry, appropriate. Paranoia, not so much - don't let this interfere with your obtaining appropriate prenatal care. Your boyfriend is a grown-up, so as aardvarc says he should consider talking to a lawyer. Whether or not he ends up being charged is no longer something you can control.

[flavoroftheweak]

Perhaps you have a record of staying at the motel, like a receipt.

They probably keep records for finances, but I don't even know if this would help prove your case.

[raabitt]

I was reading up on other statutory rape cases in Wisconsin, and a 32 year-old has sexual intercourse with some who "had not attained the age of 16". He used the excuse that he thought she was 19 and claimed she had a fake ID that said so. All he got charged with was Fourth Degree Sexual Assault, a Class A Misdemeanor. C'mon he was 32 and she was 14. Is there any hope that he might have a chance at beating the case if its brought up? We've been together for a year, he's working a full-time job and a part-time job just so that he could support me through the pregnancy and support the child. At least he didnt just knock me up and leave like most people in this situation, he's actually trying to do the right thing. I had also receive a letter from Social Services and they knew his age, and mine, they said "they wouldnt pursue it any further" since he was taking care of me.

[aaron]

You need to let your boyfriend's criminal law concerns be between him and his lawyer. Whatever happens happens.

But seriously, do you think there's even a potted plant that would believe he didn't know your age?

[PandorasBox]

I'm not a lawyer, and know nothing about the situation, or your laws in your state.

If I were in your shoes (and his), I'd keep very quiet about ages.

Good luck to you.