Consensual Carnal Knowledge That Led To Baby

My question involves criminal law for the state of: Virginia

Sorry the title was not as descriptive as it may should have been - I didn't know what to type.

Anyhow, my question relates to what (I assume from research) would be considered unlawful carnal knowledge in Virginia which happened 11 years ago.

Quick recap of situation:

I was 18 and had a girlfriend who turned out to be 14 (I thought she was 15, which I know really does not matter - though she told everyone she was).

Through her advances we ended up having a sexual relationship. While I can say that I was uncomfortable with the situation, I still did it, which make my comfort level null, I am sure. Anyhow, we were together for quite some time, her parents knew me, knew that we were together (and am pretty sure that they new we were having sex as well).

She ended up getting pregnant in early 1997 and gave birth to our child in December of that year. I had just went to the Navy and was in boot camp when we found out she was pregnant. Her mom called them and they were concerned, but let me stay (however, I did get released after 3 weeks for something unrelated.)

When I got back, I did the right thing (which consequently was what I wanted to do, so it worked out). And moved in with her at her parent's house and was very involved with her and the baby for about 2 years. As they usually do with such young couples, things went south after that and we split up. However, I was (and still am to this day) heavily involved with my son.

She has since moved to another state and has 2 other children with her 1st cousin, which is a different matter altogether.

As of right now, we have joint legal custody and she has primary residential custody. He is with me and my family (have been married for 5 years, step-son (9) and a 1 year old daughter) every weekend, all breaks from school and during the summer. He has expressed to me that he really wants to move in with me due to living conditions there and lack of attention from his mom.

Of course, she will not consider it and it is mainly ego issues - she is not thinking of his wishes, rather her own.

I have been tossing up the idea of taking her to court to get residential custody with me; however, I know that when I do, she will get very upset and may try to pull some dirty tricks out of the bag. One of which, I am concerned with, is pressing charges from the initial event that caused her to be pregnant. I am not sure if she has ever even thought of this, as she has never mentioned it before.

There is no statute of limitations on this sort of thing in VA, so my question is that if she brings this up in retaliation of me trying to get my son, would I be in a heap of trouble? I am afraid I may already know the answer; however, I am a little distraught that, since there is no statute, she can hold this over my head for the rest of my life, causing me to be at her mercy for everything concerning our child.

If this is the case, how is this fair at all? I mean, having kids myself now, I realize the need for laws such as this. In many (possibly most) cases I am sure there is a bit of manipulation involved in carnal knowledge of a minor. However, in her actions of staying with me and not saying anything up until this point (or whatever point it may happen) proves that I was not doing anything that she did not seek and want herself. Any advice on this would be appreciated. Thanks.

doctorcoach

First, no matter how hard you rationalize it, it wasn't the child's fault that you committed statutory rape.

No matter what.

Here are the statutes...

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§ 18.2-63. Carnal knowledge of child between thirteen and fifteen years of age.

A. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age, such person shall be guilty of a Class 4 felony.

B. If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor.

In calculating whether such child is three years or more a junior of the accused minor, the actual dates of birth of the child and the accused, respectively, shall be used.

C. For the purposes of this section, (i) a child under the age of thirteen years shall not be considered a consenting child and (ii) "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anilingus, anal intercourse, and animate and inanimate object sexual penetration.

(Code 1950, § 18.1-44; 1960, c. 358; 1972, c. 394; 1975, cc. 14, 15, 606; 1981, c. 397; 1993, c. 852; 2007, c. 718.)

§ 18.2-67.4:2. Sexual abuse of a child under 15 years of age; penalty.

Any adult who, with lascivious intent, commits an act of sexual abuse, as defined in § 18.2-67.10, with any child 13 years of age or older but under 15 years of age is guilty of a Class 1 misdemeanor.

(2007, c. 463.)

§ 18.2-67.5:2. Punishment upon conviction of certain subsequent felony sexual assault.

A. Any person convicted of (i) more than one offense specified in subsection B or (ii) one of the offenses specified in subsection B of this section and one of the offenses specified in subsection B of § 18.2-67.5:3 when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in § 53.1-151 between each conviction shall, upon conviction of the second or subsequent such offense, be sentenced to the maximum term authorized by statute for such offense, and shall not have all or any part of such sentence suspended, provided it is admitted, or found by the jury or judge before whom the person is tried, that he has been previously convicted of at least one of the specified offenses.

B. The provisions of subsection A shall apply to felony convictions for:

1. Carnal knowledge of a child between thirteen and fifteen years of age in violation of § 18.2-63 when the offense is committed by a person over the age of eighteen;

2. Carnal knowledge of certain minors in violation of § 18.2-64.1;

3. Aggravated sexual battery in violation of § 18.2-67.3;

4. Crimes against nature in violation of subsection B of § 18.2-361;

5. Adultery or fornication with one's own child or grandchild in violation of § 18.2-366;

6. Taking indecent liberties with a child in violation of § 18.2-370 or § 18.2-370.1; or

7. Conspiracy to commit any offense listed in subdivisions 1 through 6 pursuant to § 18.2-22.

C. For purposes of this section, prior convictions shall include (i) adult convictions for felonies under the laws of any state or the United States that are substantially similar to those listed in subsection B and (ii) findings of not innocent, adjudications or convictions in the case of a juvenile if the juvenile offense is substantially similar to those listed in subsection B, the offense would be a felony if committed by an adult in the Commonwealth and the offense was committed less than twenty years before the second offense.

The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.

(1995, c. 834; 2000, c. 333.)

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Finally, if the charge is considered a felony... there is no statute of limitations in Virginia.

I would keep the former 14 year old very happy.

I am skeptical that a prosecution would be initiated after this much time, but would suggest consulting with a local lawyer "just in case."

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Quoting aaron

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I am skeptical that a prosecution would be initiated after this much time, but would suggest consulting with a local lawyer "just in case."

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Correct.

And poster should realize that there was nothing "consensual" about this.

Quote:

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Quoting aaron

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I am skeptical that a prosecution would be initiated after this much time, but would suggest consulting with a local lawyer "just in case."

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I agree that it will be difficult to try to get a cop to come pick up the OP, but if he admits to a felony in open court......

Actually, not all that skeptical... remember the case of William Beebe?

http://www.charlottesvillenewsplex.t...s/4640816.html

He was convicted in 2006 for a rape committed in 1984... and served 6 months of an 18 month term.

And that was only because the crime happened before 1994... after 1994, there would be no possibility for early release.

Granted, this was not a statutory case... but, if the OP is accused in open court with a baby to solidify the time line....