Requirements for Statutory Rape Conviction

i have a brother who was going out with a 15 year old. she got pregnant and hes going into the army since he just turned 18 a couple months ago and while she knows who the father is she will not name the father. and once her dad figures out shes pregnant hes probably going to try and file statutory rape on my brother, but the thing is he was never aware of sexual activity, and when the child was conceived it was during a period when the only contact he was aware of was not inappropriate at all. my question is- if accused of statutory rape, could my brother be convicted with no physical evidence and no blood test to prove the paternity of a still very undeveloped baby?

What state is this? I know a lot of states have so-called "Romeo" acts, which prevents somebody from being charged as long as the age difference is not greater then 3 years.

minnesota, and like i said her dad would have no case or evidence just blind accusations

I just checked and Minnesota's "Romeo" laws only apply if the age difference is not greater then 2 years.

With out proof who the father is I DOUBT her dad could file charges. However, if he has some type of evidence your brother could be facing prison time.

I am not a lawyer so I cannot give you professional legal adivce.I suggest talking to a attorney.

When the child comes to term, they will have all the DNA they need ... and guess what the army gets from their new recruits??

If a court feels there is sufficient cause, they will get a court order for paternity testing from any potential father.

- Carl

well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

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Quoting Sublime13

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well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

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You do not know there is no evidence ... if they were seen together, bragged about it, or admitted their rendezvous, that could be enough to get started. Then, when the baby is born, that will be all the proof they need to determine guilt or innocence on his part.

- Carl

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Quoting Sublime13

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well i didnt mean to imply that he was leaving soon, he still has a while before he wants to sign up, and im sure we wont have to worry about the girl once she turns 16 in a couple months, shell be moving into her grandparents house from what i hear because of her dad, so im mainly worried hell try to get my brother on statutory, but i dont see how he can without evidence...

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The evidence is the child. It's called DNA.

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Quoting Baystategirl

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The evidence is the child. It's called DNA.

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i dont think you understand, she will be emancipated or in the custody of her grandmother well before the baby is born and they wouldnt pursue charges or cooperate with any existing prosecution

What makes you so sure her father will press charges anyway?

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Quoting blueeagle

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What makes you so sure her father will press charges anyway?

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because even though me little brother is a really good guy and it was a healthy relationship, while they were together he says that her dad didnt approve and he told my parents that her dad didnt like him at all

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Quoting Sublime13

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i dont think you understand, she will be emancipated or in the custody of her grandmother well before the baby is born and they wouldnt pursue charges or cooperate with any existing prosecution

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No, YOU don't understand ... the crime occurred when the child was concieved! NOT when the child is born! They (presumably) had unlawful sexual intercourse to conceive the child! Everyone's ages when the child is finally born is irrelevant.

Oh, and good luck with that emancipation thing ... getting knowkced up as a teen does not impress a court with the minor's maturity and responsibility ... quite the opposite.

So, to recap, when the child is born, they will have the child's DNA and that will match him or her to the parents ... that DNA can convict the father.

Note that dad does NOT have to "press charges" ... when the child is born to a minor child, most states mandate this reporting to the authorities and an investigation will ensue regardless of dad's desires ... or anyone else's.

- Carl

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Quoting cdwjava

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No, YOU don't understand ... the crime occurred when the child was concieved! NOT when the child is born! They (presumably) had unlawful sexual intercourse to conceive the child! Everyone's ages when the child is finally born is irrelevant.

Oh, and good luck with that emancipation thing ... getting knowkced up as a teen does not impress a court with the minor's maturity and responsibility ... quite the opposite.

So, to recap, when the child is born, they will have the child's DNA and that will match him or her to the parents ... that DNA can convict the father.

Note that dad does NOT have to "press charges" ... when the child is born to a minor child, most states mandate this reporting to the authorities and an investigation will ensue regardless of dad's desires ... or anyone else's.

- Carl

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well its not after the birth that hes worried about, the girl should be out of her house and in a maternity home by the end of the month so hes just worried about the couple of months before she turns 16, after that shell be with her grandparents and they actually are pretty nice people and wont ever pursue any case against him so...i think he should be safe as long as there isnt a father named during the pregnancy...i appreciate all of the replies, thanks people

You don't seem to grasp the fact that her turning 16 will have nothing to do with the illegal act he has already committed. He had sex with an underage child. Nothing will change that now. NOTHING. It doesn't matter who she will or will not be living with. It doesn't matter if she will reach the magical age. It doesn't matter who supports or does not support possible legal consequences. He made the decision to have sex with a child that had no legal capacity to give consent. What's done is done. Now, he gets to play the game by the legal rules.

It's not hard to figure out the general time of conception, count back, and come up with her age at the time of the unlawful sexual act. It's not the birth of the baby that is unlawful. It is the act that put her in the position to HAVE a baby that is unlawful.

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Quoting jojo4

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You don't seem to grasp the fact that her turning 16 will have nothing to do with the illegal act he has already committed. He had sex with an underage child. Nothing will change that now. NOTHING. It doesn't matter who she will or will not be living with. It doesn't matter if she will reach the magical age. It doesn't matter who supports or does not support possible legal consequences. He made the decision to have sex with a child that had no legal capacity to give consent. What's done is done. Now, he gets to play the game by the legal rules.

It's not hard to figure out the general time of conception, count back, and come up with her age at the time of the unlawful sexual act. It's not the birth of the baby that is unlawful. It is the act that put her in the position to HAVE a baby that is unlawful.

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im sorry- isnt there such a thing as dropping charges?
and like i said he was 17 and he hasnt seen her since he turned 18 , and like i said, noone knows about any sexual contact, they are very private people, they have never been 'caught in the act' and they were usualy on very strict terms when they did see each other, the whole situation is screwed up i know, but i know my brother had good intentions and things just kind of got out of control. so without any proof of sexual contact and no blood test, because like i said shell be emancipated at 16 and shell have every right to deny a blood test of her child is there any chance of a case?

Sweetie, where do you think babies come from?

She was a child incapable of giving consent to any sexual contact. He did not fall into the affirmative defense category. In essence, he raped an underage girl. It will be up to the DA as to whether or not to press or drop charges.

No, she won't have the right to deny court ordered DNA testing.

Your brother really needs to discuss this with a criminal atty to find out the reality of what he may be facing. I don't think that you understand enough to give him any realistic help. I'm not trying to insult you. I'm just saying that if you can't understand the basics of the law, you may do more harm than good.

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Quoting Sublime13

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im sorry- isnt there such a thing as dropping charges?
and like i said he was 17 and he hasnt seen her since he turned 18 , and like i said, noone knows about any sexual contact, they are very private people, they have never been 'caught in the act' and they were usualy on very strict terms when they did see each other, the whole situation is screwed up i know, but i know my brother had good intentions and things just kind of got out of control. so without any proof of sexual contact and no blood test, because like i said shell be emancipated at 16 and shell have every right to deny a blood test of her child is there any chance of a case?

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The Prosecutor can get a court order for the blood tests.

Are you really this stupid? Your brother had sex with an underaged girl, got her pregnant and now will have to face charges for that crime.

... May have to. Given the facts though, he may wish to consult a lawyer.

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Quoting aaron

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... May have to. Given the fact,s though, he may wish to consult a lawyer.

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I concede...MAY have to...;)

Not to mention that the doctor is required to report pregnancies like this one. It doesn't matter if the guardian doesn't care that the girl is pregnant, the law cares and that's all that matters. I'm sure they'll nail your brother one way or another...

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Quoting Sublime13

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im sorry- isnt there such a thing as dropping charges?

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Sure. But that decision will be up to the district attorney and NOT up to the girl, her parents, her grandparents, or her hair stylist.

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like i said shell be emancipated at 16 and shell have every right to deny a blood test of her child is there any chance of a case?

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No, she won't. She does not have a right to deny evidence of a crime ... additionally, don't be so sure she'll be emancipated at 16! Judges do NOT find getting pregnant underage to be evidence of good common sense or maturity - something generally required to convince a judge to grant emancipation prior to 18. So, she shouldn't count on this emancipation thing.

- Carl

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Quoting jojo4

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Sweetie, where do you think babies come from?

She was a child incapable of giving consent to any sexual contact. He did not fall into the affirmative defense category. In essence, he raped an underage girl. It will be up to the DA as to whether or not to press or drop charges.

No, she won't have the right to deny court ordered DNA testing.

Your brother really needs to discuss this with a criminal atty to find out the reality of what he may be facing. I don't think that you understand enough to give him any realistic help. I'm not trying to insult you. I'm just saying that if you can't understand the basics of the law, you may do more harm than good.

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like i said, he wasnt 18 and he hasnt seen her since well before he did turn 18, there wouldnt be enough evidence to go to trial would there?if its all circumstantial stuff and what ifs? and like i said there is no way that either one of them would admit to it, so i dont see how he can randomly test people without reason or cause

Scott Peterson sits on California's "Death Row" based on nothing but circumstancial evidence.

Okay, one more time....


There is cause because she is giving birth to a baby. She was obviously not of legal age to give consent when she concieved. Others (her DAD, for instance) know that your brother was seeing this girl. It does not matter that he was not 18. She was under the age of consent, he was over the age of consent, and he was not within the 2 year affirmative defense window.

I will not say that he will definitely face prosecution. I will say that he should seek a criminal atty to help him figure out what he could POSSIBLY face and the best recourse to take if and when that unhappy event comes to pass.

He cannot claim that he did not commit an unlawful act with this child just because she turns 16. Turning 16 does not negate his previous actions.

I will say this again. You do not seem to be able to understand the very basics of this situation. Please, if you really want to help him, tell him to get a consult with an atty.

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Quoting Sublime13

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like i said, he wasnt 18 and he hasnt seen her since well before he did turn 18, there wouldnt be enough evidence to go to trial would there?if its all circumstantial stuff and what ifs? and like i said there is no way that either one of them would admit to it, so i dont see how he can randomly test people without reason or cause

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You're not getting it. It doesn't matter if he hasn't seen her since before he turned 18. The fact is they had sex and now there's a baby on the way. His crime doesn't disappear because he stopped seeing her.

If the baby is born (and research has shown that it will be), THAT IS THE EVIDENCE that he is the father. A simple blood sample will show that. If there is reasonable suspicion that he is the father (which is easy to prove... just have to look at what period they were dating) he will be tested.

Like it has been stated before, tell him to get a lawyer.

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Quoting cdwjava

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Sure. But that decision will be up to the district attorney and NOT up to the girl, her parents, her grandparents, or her hair stylist.


No, she won't. She does not have a right to deny evidence of a crime ... additionally, don't be so sure she'll be emancipated at 16! Judges do NOT find getting pregnant underage to be evidence of good common sense or maturity - something generally required to convince a judge to grant emancipation prior to 18. So, she shouldn't count on this emancipation thing.

- Carl

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oh and by the way, emancipation HAS been know to go through in situations when the person is moving into a relatives house and when their current home is an abusive one (both of these situations apply here) but for all of you who are being unfriendly i want you to just shut it if you arent going to contribute to the conversation, why do you think i posted the question? obviously i dont know much about law or this situation, so if your not going to try and help me by shedding a little more light on it then just shut up

No, that is not legal emancipation of a minor. That's a whole 'nother ball game.

If she were to be emancipated, she would have to show that she is fully and completely independent of any outside support, living on her own, and conducting her own affairs.

Moving into a friend's or a relative's home is nowhere close to that definintion.

Being removed from an abusive home is NOT emancipation of a minor. The state and/or whomever she is assigned to live with will have complete care and control of her until she is a legal adult and able to live on her own.

Sublime...how old are you? Are you 13, as your screen name seems to suggest? If so, that explains quite a bit.

Oh...and you don't get to pick and choose who responds to your post on a public forum. That's not the way it works. If you don't like the response, just ignore it.

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Quoting Sublime13

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oh and by the way, emancipation HAS been know to go through in situations when the person is moving into a relatives house and when their current home is an abusive one (both of these situations apply here) but for all of you who are being unfriendly i want you to just shut it if you arent going to contribute to the conversation, why do you think i posted the question? obviously i dont know much about law or this situation, so if your not going to try and help me by shedding a little more light on it then just shut up

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And what did Carl say that wasn't good information to have? I don't remember you stating she was in an abusive house, but if you did, I apologize for missing it.

Carl contributed. He stated that pregnancy doesn't help her quest for emancipation. Other people have explained time and time again what your brother should do and that YES there is evidence to convict him. The problem is you're not hearing it or you don't want to believe it. Tell him to see an attorney!

And if she's in an abusive home, she should call CPS or at least have proof that she's being abused.

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Quoting cloudnine

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And what did Carl say that wasn't good information to have? I don't remember you stating she was in an abusive house, but if you did, I apologize for missing it.

Carl contributed. He stated that pregnancy doesn't help her quest for emancipation. Other people have explained time and time again what your brother should do and that YES there is evidence to convict him. The problem is you're not hearing it or you don't want to believe it. Tell him to see an attorney!

And if she's in an abusive home, she should call CPS or at least have proof that she's being abused.

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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

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?

Shes pregnant that evidence is also provides a time line of when the sex act occured

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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)