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Can I File a Statutory Rape Claim

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  • 12-25-2012, 09:45 PM
    Confused_Mommy
    Can I File a Statutory Rape Claim
    My question involves criminal law for the state of: tennessee

    Hi, I'm fourteen, and back in October, I had consentual sex with an eighteen year old boy that goes to my school. This freshman started a rumor that she and he'd had sex, after she found out he and I did, and it got back to the principal. Long story short, my principal said that the school is still liable for me until I get home, and because we had sex before I made it to my house, and went home after that, I got suspended. No action was taken against the girl who started the rumor, or the boy I had sex with.

    My questions are, Can they really just suspend me for having sex after school hours, and not on campus? Esp, since he didn't get in trouble?

    Could my mom file a statutory rape claim against him?
  • 12-25-2012, 10:01 PM
    cdwjava
    Re: Can I File a Statutory Rape Claim
    If he was MORE than 4 years older than you, then it appears he can be charged. If he was less than 4 years (i.e. less than 48 months) older than you, then it appears he cannot.

    Your parents can appeal the suspension through whatever means is available to them and you. Whether the suspension is valid under the circumstances may be up to a superintendent or school board to decide ... or, if it goes that far, a court.
  • 12-25-2012, 10:11 PM
    Confused_Mommy
    Re: Can I File a Statutory Rape Claim
    Thanks for your reply.
  • 12-26-2012, 08:18 AM
    PandorasBox
    Re: Can I File a Statutory Rape Claim
    Please note: You and your mom may be getting a visit from Dept of Children and Families. If she can't take care of you - who is already a 14-year old mother....how can she take care of your baby? And if you are too busy having sex and getting suspended from school - how can you take care of your baby? The school has every right to suspend you and notify DCF of why.....

    I'd be careful of filing that Statutory Rape charge if I were you. You're already a 14-year old mother who claims she was impregnated through rape, and is now running around having sex after school. Your mom and you are both proving neither of you are fit to take care of that baby. And DCF may decide mom can't take care of you and put you into foster care or a Juvenile Detention Center.
  • 12-26-2012, 08:31 AM
    Lehk
    Re: Can I File a Statutory Rape Claim
    If the school is suspending you for having sex but not suspending the boy, you may have a case against the school under Title IX for sex discrimination
  • 12-26-2012, 11:11 AM
    cdwjava
    Re: Can I File a Statutory Rape Claim
    Quote:

    Quoting Lehk
    View Post
    If the school is suspending you for having sex but not suspending the boy, you may have a case against the school under Title IX for sex discrimination

    The boy was at home, the girl was not. The school's responsibility for the boy ended when he got home. At least, that seems to be the theory the school is operating under for suspending the girl.
  • 12-26-2012, 11:56 AM
    PandorasBox
    Re: Can I File a Statutory Rape Claim
    Check out the girls prior thread. She is 14, already had a child, and wanted expungement. She posts that the child was conceived from rape.
  • 12-26-2012, 12:24 PM
    Mr. Knowitall
    Re: Can I File a Statutory Rape Claim
    Emancipation, not expungement. Not that she's getting that, either.

    Was mom babysitting while all of this was going on?
  • 12-26-2012, 01:17 PM
    PandorasBox
    Re: Can I File a Statutory Rape Claim
    Sorry, typing too fast. She wanted emancipation, claiming mom was paying for all her baby things, and wanting to take the child.
  • 12-26-2012, 03:15 PM
    Mr. Knowitall
    Re: Can I File a Statutory Rape Claim
    I doubt that mom was thrilled when she found out that kiddo was late coming home from school, a month after the baby was born, because she was hooking up with her new adult boyfriend. I can see why there would be tension.
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