Can You be Charged With Statutory Rape if the Victim Lied About His Age
:grumpy: My question involves criminal law for the state of: N.Y HI, I WAS LIED TO ABOUT MY DAUGHTER'S FATHERS DOB AND NAME. HIS MOM WAS AWARE OF OUR RELATIONSHIP AND NEVER TOLD ME ANYTHING, SHE ACTUALLY CALLED HIM BY THE OTHER NAME AND EVERYONE WHO KNEW HIM WHERE WE LIVED AT. NOW AFTER 13YRS I FOUND THEM AND IT COMES OUT HE WAS USING HIS BROTHER'S NAME AND DOB AND WHEN I CONFRONTED THE MOM SHE SAID I RAPED HER SON AND THAT SHE WAS GOING TO GET ME IN TROUBLE. I HAVE PROOF SHE KNEW ABOUT HIS AGE AND DID NOT TELL ME AND ALSO POLICE RECORDS SHOW HIM AND HIS BROTHER USING THEIR NAMES TO AVOID GETTING CAUGHT. SHE ALSO HAD SPOKEN TO MY DAUGHTER AND TOLD HER THAT THE DAD'S NAME WAS THE ONE I ALWAYS BELIEVED TO BE. CAN I GO TO JAIL FOR THIS MESS?
Re: Can I GET ARRESTED IF HE LIED ABOUT HIS NAME AND AGE?
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Quoting
Annette Correa
:grumpy: My question involves criminal law for the state of: N.Y HI, I WAS LIED TO ABOUT MY DAUGHTER'S FATHERS DOB AND NAME.
So, your boyfriend or one-night-stand gave you a false name and age?
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HIS MOM WAS AWARE OF OUR RELATIONSHIP AND NEVER TOLD ME ANYTHING,
Was she required to?
How old was he when the two of you were engaging in sexual relations? How old were you? How do you KNOW that mom knew the two of you were engaging in sexual intercourse?
How long did the relationship continue? How long after the child was born? Is the boy's false or real name on the birth certificate? Has he been aware of the child?
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SHE ACTUALLY CALLED HIM BY THE OTHER NAME AND EVERYONE WHO KNEW HIM WHERE WE LIVED AT.
I can call my kids Fred and it's not a crime. Unless she was doing this with the intent to deceive you for some form of financial or material gain, I doubt that there is any crime in that.
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NOW AFTER 13YRS I FOUND THEM AND IT COMES OUT HE WAS USING HIS BROTHER'S NAME AND DOB AND WHEN I CONFRONTED THE MOM SHE SAID I RAPED HER SON AND THAT SHE WAS GOING TO GET ME IN TROUBLE.
After 13 years?!?! And NOW everyone's in an uproar?
Without knowing the specifics of ages and actions, my cursory read of the NY statutes of limitations indicates that the time for prosecution for this would have passed years ago.
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I HAVE PROOF SHE KNEW ABOUT HIS AGE AND DID NOT TELL ME AND ALSO POLICE RECORDS SHOW HIM AND HIS BROTHER USING THEIR NAMES TO AVOID GETTING CAUGHT. SHE ALSO HAD SPOKEN TO MY DAUGHTER AND TOLD HER THAT THE DAD'S NAME WAS THE ONE I ALWAYS BELIEVED TO BE. CAN I GO TO JAIL FOR THIS MESS?
I seriously doubt it.
IF the police come to talk to you, politely decline and then consult an attorney. However, i cannot see how the police will concern themselves with a matter that is more than a decade old and where the SOL appears to have long expired. Unless this is somehow a case of 1st degree rape (pretty much impossible) or a 1st degree sexual assault against a child (unlikely), this is not likely to be entertained by anyone.
What prompted you to track him down now after 13 years? Child support?
Oh, and do NOT use the ALL CAPS thing again ... it is most annoying.