16 Year Old Female Had Sex with 14 Year Old Male and Conceived a Child
My question involves criminal law for the state of: florida
My daughter was 16yrs old when she became sexually involved with a 14 yr old boy (they are 2 yrs & 4 days apart) when she became pregnant and gave birth when she was 17 him 15. He was not put on the birth cert. and is currently having reg. visitation with his son who lives with me and my family as my daughter is continuing high school graduating this year. Neither parents on both sides was in agreement with their relationship and i was actually unaware she even was dating him nevermind having sex. They are no longer dating yet we allow the boy over at our house to see his son so it can be monitored as we are against them being sexually together and obviously when they were forbidden that did one thing, made them parents.
He has never stated she raped him yet by law he was under 16 and she was 16 having consensual (i understand as minor they cannot consent legally) sex. He is actually little aggressive and pushy and she went for it as was first boyfriend(well that we know of)
I now have a 7 mos old grandson and love him to death while she is honestly a wonderful mother who does babysit for $ to support him and the dad helps out as well. I lost my job which also lost our private health ins. 4 days after my grandsons birth therefore went to apply for medicaid which sent us to dept of revenue for child support enforcement. Worried about the ages I still went with her and they said that they weren't concerned with ages however he needed to take dna test and be put on birth cert. Because he is under 18 they do not issue nor enforce a support order ( would have to file civil in court) and his parents are not legally financially responsible for his child but when he turns 18 they will order child support and no back support is owed. I was shocked and have now dealt with this however our family had a issue that involved the police to show up at our house which ended up being a misunderstanding (neighbor called) this is a first for us but somehow it went from my husband being questioned to the officer asking who the kids were specifically the boy who fathered my grandson and esculated to the officer stating the boy should be arrested for sex crime and so on. I explained that my daughter was the one technically who committed the crime but he honestly had issues we let him continue to see his son that we needed to get him off our property when the boy is polite here follows our rules and legally has right to see his son so why not where we can keep it in controlled environment over where they go alone where ever. In end guess officer knew the boys family as well as had racial issue (he is hispanic my daughter white) and now says criminal charges should be filed.
No one is stating that they are in agreement with what happened but now after the baby is 7 mos my daughter can be charged with rape and lewd act on minor? I understand he is the victim by law but his parents are not filing charges nor us and now we are trying to deal with raising the baby, educating the parents, and trying to ensure they aren't together in fear they will be prosecuted but they do understand the severity of the crime they could be charged with. No one has reported them and yet we have not lied and we have filed required documents with state offices (DOR) so how can this officer now decide he wants to file charges against my daughter and what are the legal consequences she faces? If she does go to jail what happens to my grandson as they arent able to financially support him and honestly dont feel he is safe there, do I have a chance obtaining custody without a court hearing hoping he doesnt consest it as he is biologically the dad but because of his age the mother is now a criminal? This is a backwards scenerio and I know the law is to protect the innocent child yet seems would do more harm to more than 1 child.
Re: 16 Year Old Female Had Sex with 14 Year Old Male and Conceived a Child
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Quoting
jbplus3
No one is stating that they are in agreement with what happened but now after the baby is 7 mos my daughter can be charged with rape and lewd act on minor?
Yes, she can.
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I understand he is the victim by law but his parents are not filing charges nor us
It doesn't matter HOW authorities find out about the crime, once they're aware of it, they can absolutely persue it, up until the statute of limitations runs out (which won't even start running until the "victim" turns 18). It's a common misunderstanding that someone must "press charges", but no, they don't.
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No one has reported them and yet we have not lied and we have filed required documents with state offices (DOR)
DOR isn't a law enforcement agency. So it's really not THEIR problem.
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so how can this officer now decide he wants to file charges against my daughter
Because that's what law enforcement is SUPPOSED to do when they reasonably believe that a crime has occurred.
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and what are the legal consequences she faces?
Prosecution and resultant penalties, including fines and/or incarceration. And potential removal of the child from her care. And possible sex offender registration.
[quoteIf she does go to jail what happens to my grandson as they arent able to financially support him and honestly dont feel he is safe there, do I have a chance obtaining custody without a court hearing hoping he doesnt consest it as he is biologically the dad but because of his age the mother is now a criminal? [/quote]
If your daughter is arrested/incarcerated/child removed, you can seek custody, but it WILL need to be through the courts. How easy or difficult that process will be depends on the father's (and his family's) reaction to it. They could also seek custody.
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This is a backwards scenerio and I know the law is to protect the innocent child yet seems would do more harm to more than 1 child.
No society yet has invented a perfect system.