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Statutory Rape Laws With a Pregnancy, in Florida

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  • 01-26-2016, 04:26 PM
    Laurie Anne
    Statutory Rape Laws With a Pregnancy, in Florida
    My question involves juvenile law in the State of:Florida
    If a girl gets pregnant at 15 years and 10 months by her 18 year old boyfriend in the State of Florida, Palm Beach County, what are the legal implications?
    Will the ob/gyn be obligated by law to report the fact that the girl was under 16 at the time of conception?
    Will there by an issue when the girl is giving birth in a Palm Beach County Hospital at 16, if conception was at 15?
    Is there any chance of Dept of Children and Families trying to take custody of baby?
    What are the ramifications of all of this for the pregnant girl and her baby?
  • 01-26-2016, 04:35 PM
    cbg
    Re: Conception at 15, Birth at 16; 18 Year Old Boyfriend, Fl; Legal Implications
    A 15 year old cannot legally consent to sex, no matter what the age of her partner. So the boyfriend has committed a crime, period. Having a birthday in between the sex and the birth does not make the crime go away.

    Nurses, doctors, etc. are mandated reporters.

    Yes, there is a chance that DCF will be involved. A pretty good chance, actually, though precisely what action they will take is unknown in the absence of a crystal ball.

    The girl has not committed a crime.
  • 01-26-2016, 04:37 PM
    Dogmatique
    Re: Conception at 15, Birth at 16; 18 Year Old Boyfriend, Fl; Legal Implications
    Quote:

    Quoting Laurie Anne
    View Post
    My question involves juvenile law in the State of:Florida
    If a girl gets pregnant at 15 years and 10 months by her 18 year old boyfriend in the State of Florida, Palm Beach County, what are the legal implications?
    Will the ob/gyn be obligated by law to report the fact that the girl was under 16 at the time of conception?
    Will there by an issue when the girl is giving birth in a Palm Beach County Hospital at 16, if conception was at 15?
    Is there any chance of Dept of Children and Families trying to take custody of baby?
    What are the ramifications of all of this for the pregnant girl and her baby?

    He committed a crime under Florida law, and he may have to face criminal charges. The mother was 15, he's 18, and that's enough to put his freedom in jeopardy.

    In terms of her child, the state will not step in unless there is a reason to do so; her young age is not by itself a reason to remove the child.

    In terms of someone reporting a crime, her physicians have a legal obligation to report child abuse (and this appears to qualify as abuse in Florida). However, whether or not an individual physician will actually do so, we cannot guess.

    Quote:

    Quoting cbg
    View Post
    A 15 year old cannot legally consent to sex, no matter what the age of her partner. So the boyfriend has committed a crime, period. Having a birthday in between the sex and the birth does not make the crime go away.

    Nurses, doctors, etc. are mandated reporters.

    Yes, there is a chance that DCF will be involved. A pretty good chance, actually, though precisely what action they will take is unknown in the absence of a crystal ball.

    The girl has not committed a crime.

    Yup. And Florida is one of the more aggressive states for this sort of thing. There is something of a Romeo & Juliet exception if the minor is 16, but if she's not? All bets are off.
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