Remedies For Statutory Rape

I Need Some Information, I Dont Know Exactly Where To Post This To So I Though That I Would Try Here, My 17 Y.o. Daughter Recently Snuck Out Of The House With A Married 26 Y.o. Man, And Lost Her Virginity (which She Now Regrets), The Man Started Out Having Protected Sex With Her But Somewhere In The Course Of The Act He Removed This And Continued. Later He Alluded To The Fact That He Was Trying To Make Her Pregnant, Do We As Parent Have Any Legal Recourse Against Him As Far As Statutory Rape Goes(or Any Other Legal Remedies)? Thanks

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Quoting rivers666

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I Need Some Information, I Dont Know Exactly Where To Post This To So I Though That I Would Try Here, My 17 Y.o. Daughter Recently Snuck Out Of The House With A Married 26 Y.o. Man, And Lost Her Virginity (which She Now Regrets), The Man Started Out Having Protected Sex With Her But Somewhere In The Course Of The Act He Removed This And Continued. Later He Alluded To The Fact That He Was Trying To Make Her Pregnant, Do We As Parent Have Any Legal Recourse Against Him As Far As Statutory Rape Goes(or Any Other Legal Remedies)? Thanks

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Is this in Florida also?

If it is, then the above applies in your situation too.

Report it to the police.

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794.022 Rules of evidence.--

(1) The testimony of the victim need not be corroborated in a prosecution under s. 794.011.

(2) Specific instances of prior consensual sexual activity between the victim and any person other than the offender shall not be admitted into evidence in a prosecution under s. 794.011. However, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence may prove that the defendant was not the source of the semen, pregnancy, injury, or disease; or, when consent by the victim is at issue, such evidence may be admitted if it is first established to the court in a proceeding in camera that such evidence tends to establish a pattern of conduct or behavior on the part of the victim which is so similar to the conduct or behavior in the case that it is relevant to the issue of consent.

(3) Notwithstanding any other provision of law, reputation evidence relating to a victim's prior sexual conduct or evidence presented for the purpose of showing that manner of dress of the victim at the time of the offense incited the sexual battery shall not be admitted into evidence in a prosecution under s. 794.011.

(4) When consent of the victim is a defense to prosecution under s. 794.011, evidence of the victim's mental incapacity or defect is admissible to prove that the consent was not intelligent, knowing, or voluntary; and the court shall instruct the jury accordingly.

(5) An offender's use of a prophylactic device, or a victim's request that an offender use a prophylactic device, is not, by itself, relevant to either the issue of whether or not the offense was committed or the issue of whether or not the victim consented.

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Moderator made an individual thread, so I'll include link where the information was originally posted.

So my statements, "Is this in Florida also?" and "If it is, then the above applies in your situation too." makes sense.

im sorry, i guess i am in my own little world, this is oklahoma that i am in. apologies, thanks for helping

As I read the Oklahoma statutes, the age of consent in that state is 16.

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Quoting rivers666

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im sorry, i guess i am in my own little world, this is oklahoma that i am in. apologies, thanks for helping

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Age of consent in Oklahoma is 16, unless she was a student of his.

I don't see in the statutory rape statutes that he broke the law.

I even checked if he may be guilty of contributing to the delinquency of a minor, and from the information you gave the board, it appears he is not.

Then I checked Lewd or Indecent Proposals, but that also refers to a minor under the age of 16.

thanks for the info, i didnt know i had always thought that there was something about the people needing to be with a certain age range from each other, i had always been told that it was 4 years, guess i know now that there is nothing that can be done for this situation, thanks and have a nice day

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Quoting Happy Trails

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Age of consent in Oklahoma is 16, unless she was a student of his.

I don't see in the statutory rape statutes that he broke the law.

I even checked if he may be guilty of contributing to the delinquency of a minor, and from the information you gave the board, it appears he is not.

Then I checked Lewd or Indecent Proposals, but that also refers to a minor under the age of 16.

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There may be a case under common law that the gentleman in question is guilty of 'knowingly causing permanent harm' to the girl.

Just out of interest, under UK law, if a man knowingly fails to use contraception, or has unprotected sex with prior knowledge that the girl is also not using contraception - WITH THE SPECIFIC AIM TO CAUSE PREGNANCY WITHOUT PRIOR WILL OF THE SEXUAL PARTNER, OR DELIBERATELY AGAINST HER WILL IF EXPRESSLY KNOWN EITHER BEFORE OR DURING THE SEXUAL ENCOUNTER - then the pregancy constitutes 'malicious harm'.

This is an unusual law that rarely raises it's head in court, but the logic is sound. If the girl has made it known that she does not want to become pregnant and the partner ignores this will, and sets out to deliberately inpregnate her then unnecessary pain and harm maybe caused. Abortion may result in the inability to carry a healthy child in future, and if the baby is carried full term then life long mental and psychological damage maybe caused by the guardianship of an unwanted child, aswell as financial hardship.

Under US Federal law the same 'bodily harm' argument maybe used. Civil law is mostly used in this instance but DOES NOT preclude the possibility in principle of criminal prosecution:-

Feinberg (1984), 102, suggests that the inapplicability of notion (II) precludes “criminal liability for ‘wrongful conception’”. According to Feinberg, in the context of the criminal law “harming someone” should presuppose worsening a person's condition, i.e. setting back a person's interests. Thus, Feinberg does not consider our notion (III) a notion of harm to be applied in delineating criminal liability. However, in his analysis the afflicted child in wrongful life cases was “wronged” (ibid. and 34-35) by having been deprived of his “birth rights” (ibid., 99) and “the wrongful progenitors ... should ... be held civilly liable to pay damages to the child” (ibid., 102). Feinberg (1990), 327, proposes “a clear categorical exception” to his (liberal) interpretation of the criminal law for “malicious or reckless conceptions”, i.e., cases in which a child is “born with a serious and permanent impairment -- though not one that is so serious that the child would prefer even nonexistence to it -- ” (325) and the parents could have easily avoided having a child in an impaired condition. Feinberg suggests that such cases “can in principle be legitimately proscribed by the criminal law even though they harm no one in the sense required by the harm principle.” (327) See also Feinberg (1990), 27-33.

These are just principles and does not necessarily represent fact in statute.

I hope this helps.

i know this is after the fact but maybe it will help Oklahoma HB 2790 (2002)

Changes the statute of limitations for sex offenses when DNA evidence is available, the identify of the offender is established by a DNA profile; and the victim notified law enforcement within seven years of the discovery of the crime. Requires testing of evidence be completed with three years of reopening of an investigation. Applies to these crimes retroactively.

http://www.ncsl.org/programs/health/...nasexoffen.htm