18 Year Old Gets 14 Year Old Pregnant

My question involves criminal law for the state of:florida i have a friend who at the age of14 got pregnant by a boy who was 18,she was on the run from a foster home, he took her in got her pregnant ,hid her from dept. of children and families for 4 years till the time she turned 18, he beat her and took advantage of her sexually, when she told him she wanted to leave, he threatened her with i will report you to dept. children and familes and you will lose the baby and you will never see her again, then beat her some more. she finally worked up the strenth to leave him and did. he took her to court and won custody because she now was living with her parents in a 1 bedroomapt, and he had a5 bedroom house they thought he was better suited to take care of the child,she had a court order to get her on weekends, its been now 5 years since she has seen her daughter, and he refuses to let her even speak to her daughter. she still has nightmares about him rapeing her andbeating her, can she take him to court for statutory rape or lewd and lascivios battery as per florida statue 775.082. this all started back in 1998

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Quoting nicolevidal

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he took her to court and won custody

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Ok....so he HAS been legally established as the father of the child.

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because she now was living with her parents in a 1 bedroomapt, and he had a5 bedroom house they thought he was better suited to take care of the child,

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Maybe the living situation was a factor, but an even BIGGER factor is that the mother had been a runaway from fostercare. Getting INTO foster care in the first place suggests a history of dysfunction living with her parents, then, there's the ADDED layer of problems caused by the running away from foster case and "disappearing". So realistically, any household with mom AND her parents is probably the LAST place on earth that DCF would have considered. (Why put another child into the very dynamic that mom came out of?)

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she had a court order to get her on weekends, its been now 5 years since she has seen her daughter, and he refuses to let her even speak to her daughter.

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Then she needs to get before the court regarding the court's order not being followed. If it's been in place for 5 years, and she's gone this long without challenging it, she needs to realistically understand that the court isn't likely to be terribly upset. The burden is on her to take ACTION.

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she still has nightmares about him rapeing her andbeating her, can she take him to court for statutory rape or lewd and lascivios battery as per florida statue 775.082. this all started back in 1998

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Did she NEVER report any of this to police? At this late stage in the game, and if she allowed paternity to be established without ever mentioning criminal activity, she can report the events to police - but the DA considering criminal charges that were only reported after a 5 year custody issue isn't likely. In other words, the criminal courts aren't likely to be the method that will reunite her with the child. She's got an order for visitation, she needs to concentrate on getting that order enforced through the courts.

She should also be getting herself some non-family emotional support, either through a therapist or counselor, through her spiritual leaders, through support groups, or some combination of these. Florida actually has some pretty good resources available, and she can find various helpful programs and information at

http://www.aardvarc.org/rape/states/flrp.shtml