Requirements for Statutory Rape Conviction

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Quoting Sublime13

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im sorry if i ranted off a little, the end of that post had nothing to do with carl but someone else, and i have already advised him to get a lawyer, that had nothing to do with the question i asked, i asked what evidence was needed to try and convict someone of statutory rape, not advise on what he should do. and 13 happens to be my lucky number by the way

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Her father's testimony that they were dating will get the ball rolling, and when the baby is born, that is the concrete evidence he is the father (not specifically the baby, but rather the DNA that flows throughout its body). Unless the girl has completely clammed up, she may testify that he is the father also, but the DNA test will be the evidence that proves all.

ETA: The only things cps should be worried about is the not feeding her and the unsanitary conditions. Not letting her talk on the phone, see friends, or go to her grandparents house is not something they are concerned with. Those are all privileged and can be taken away. Do I think it's right, no. Who had called cps? her? her grandparents?

Okay, then, evidence....

A statement that he was the one that raped the child. (Her Dad is obviously willing to provide such a statement. Whether she will be living with him or not, he is still free to give a statement should any investigation be commenced.

Any proof of such actions (that would be theprenantal care and the child.)

Once the child is born to the minor child, DNA testing matched against the father's DNA to show that he is, in fact, the father.

Again, no, she cannot defy a court order for DNA testing on her child for purposes of an investigation.

Once that's done, he's done.

Does that answer your question?

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oh and coming from an abusive home myself i know that cps doesnt do jack so dont try and tell me that. theyve called cps several times, the poor girl has panic attacks when shes in the same room as him for too long, they dont feed her, let her wash her clothes, see her grandparents, go to work, go to friends houses, talk on the home phone line, they even destroy her clothes and dump gerbage in her room. tell me thats the kind of house youd like to live in?

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And that has jack (to use your words) to do with the fact that your brother had unlawful sexual relations with a child. The fact that she is in an abusive home will have no bearing on his actions or whether or not he will face criminal prosecution.

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Quoting jojo4

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And that has jack (to use your words) to do with the fact that your brother had unlawful sexual relations with a child. The fact that she is in an abusive home will have no bearing on his actions or whether or not he will face criminal prosecution.

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correct, but the allegations of abuse would cast doubt on his intentions and character wouldnt they? do you think he would be taken seriously given their history? and like i said im not in denial of anything, i just want to know more about whats going on and the last few posts have been really helpfull, oh and about the whole time line of dating with the conception im not sure that would work in this situation since their relationship was not made public with either family after her dad said she couldnt see him back in april, (and thats way off the conception) so thats the last time anyone knew they were together i think...

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Quoting cloudnine

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Her father's testimony that they were dating will get the ball rolling, and when the baby is born, that is the concrete evidence he is the father (not specifically the baby, but rather the DNA that flows throughout its body). Unless the girl has completely clammed up, she may testify that he is the father also, but the DNA test will be the evidence that proves all.

ETA: The only things cps should be worried about is the not feeding her and the unsanitary conditions. Not letting her talk on the phone, see friends, or go to her grandparents house is not something they are concerned with. Those are all privileged and can be taken away. Do I think it's right, no. Who had called cps? her? her grandparents?

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it was her grandma three times and her once i think... im still tryin to get caught up my brother is just now being honest with me so...im still a little in the dark i guess

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Quoting Sublime13

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correct, but the allegations of abuse would cast doubt on his intentions and character wouldnt they? do you think he would be taken seriously given their history? and like i said im not in denial of anything, i just want to know more about whats going on and the last few posts have been really helpfull, oh and about the whole time line of dating with the conception im not sure that would work in this situation since their relationship was not made public with either family after her dad said she couldnt see him back in april, (and thats way off the conception) so thats the last time anyone knew they were together i think...

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The allegations of abuse can go both ways: 1-he was trying to protect her (by having sex... not likely), or 2-he got to her when she was feeling vulnerable. Either way, it doesn't change what he did, which was illegal. I'm sorry, but nothing can make this situation better for him. If anything it just keeps digging the hole deeper.

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Quoting Sublime13

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it was her grandma three times and her once i think... im still tryin to get caught up my brother is just now being honest with me so...im still a little in the dark i guess

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I don't know what to say because I've never been involved with CPS. Maybe go to the police? They'll tell you to call CPS probably, but it's a try. Keep calling CPS, keep making them drive out there. Make sure they see the unsanitary conditions. Does the girl look sickly? Is she obviously underweight?

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Quoting Sublime13

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correct, but the allegations of abuse would cast doubt on his intentions and character wouldnt they? do you think he would be taken seriously given their history? and like i said im not in denial of anything, i just want to know more about whats going on and the last few posts have been really helpfull, oh and about the whole time line of dating with the conception im not sure that would work in this situation since their relationship was not made public with either family after her dad said she couldnt see him back in april, (and thats way off the conception) so thats the last time anyone knew they were together i think...

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Not really...especially when she refuses to tell who the father is and the baby's DNA is just sitting there, waiting for a match. Believe me. Every adult knows that just because you tell a teenager not to do something, that doesn't meant that the teenager obeys. Unless she can convince the powers that be that this is an immaculate conception, your brother may be in hot water.

Please remember, that I did not say that he will definitely be prosecuted. However, it IS a possibility and he really needs to be prepared.

Here's another thought.

Say she has the baby, he doesn't get hit with criminal charges, all is well....

Is he just going to abandon his baby? Will he ever want custody/visitation or a relationship of any kind with the baby? What about supporting the baby, financially? Is he planning on just walking away and getting on with his life?

You see, they can deny it all they want and hope that the DA believes them. Of course, in order to do that, he will have to give up any hope of having a father/child relationship with the baby. Then what? If she accepts any gov't financial aid, she will HAVE to reveal who the father of the baby is for mandatory child support. Then what?

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Quoting jojo4

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Not really...especially when she refuses to tell who the father is and the baby's DNA is just sitting there, waiting for a match. Believe me. Every adult knows that just because you tell a teenager not to do something, that doesn't meant that the teenager obeys. Unless she can convince the powers that be that this is an immaculate conception, your brother may be in hot water.

Please remember, that I did not say that he will definitely be prosecuted. However, it IS a possibility and he really needs to be prepared.

Here's another thought.

Say she has the baby, he doesn't get hit with criminal charges, all is well....

Is he just going to abandon his baby? Will he ever want custody/visitation or a relationship of any kind with the baby? What about supporting the baby, financially? Is he planning on just walking away and getting on with his life?

You see, they can deny it all they want and hope that the DA believes them. Of course, in order to do that, he will have to give up any hope of having a father/child relationship with the baby. Then what? If she accepts any gov't financial aid, she will HAVE to reveal who the father of the baby is for mandatory child support. Then what?

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well there are a couple of candidate that could be the father to her dad, he just seems to remember my brother more and dislike him more tenaciously than the others, and i know that he will help with cash, and once her dad is out of the picture it wont be a problem from what im told and i know hes going to want to be there for the kid if its safe for him to do so...

oh, get this, her grandma just got out of a meeting with a social worker, and the social worker said that not feeding a child is not abuse if they can get food somewhere else. and psychological abuse isnt actually abuse. oh and their refusal to take her to a doctor for anything, even a bladder infection, doesnt seem to raise any eyebrows either...

(oh the grandma even asked her if the food rule applied to eating from garbage and she answered that malnutrition was the only thing that could constitute abuse)