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  1. #1

    Default How to Fight a Statutory Rape Charge

    My question involves criminal law for the state of: Tennessee

    I'm a 17 year old residing in the state of Tennessee and got pregnant by my boyfriend, who is 25. I'm a full time university sophomore, I have 2 jobs and a full scholarship, and he works full time as well. We're planning on getting married as soon as I turn 18, but we're worried about him being charged with statutory rape since the age of consent is 18.

    My question is: what would be the best way to fight the charge in that event? Would it be possible to fight it from the angle that I'm a full time college student and am capable of making the adult decision of sex (which is what age of consent laws aim to target), or would it be possible for us to argue that the sex occurred in North Carolina (which we do travel to fairly often for trips together) where the age of consent is 16? Also, how could we avoid a charge altogether, and would we have to leave his name off of the birth certificate?

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: How to Fight Statutory Rape Charge

    Quote Quoting samantha0009
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    My question involves criminal law for the state of: Tennessee

    I'm a 17 year old residing in the state of Tennessee and got pregnant by my boyfriend, who is 25. I'm a full time university sophomore, I have 2 jobs and a full scholarship, and he works full time as well. We're planning on getting married as soon as I turn 18, but we're worried about him being charged with statutory rape since the age of consent is 18.

    My question is: what would be the best way to fight the charge in that event? Would it be possible to fight it from the angle that I'm a full time college student and am capable of making the adult decision of sex (which is what age of consent laws aim to target), or would it be possible for us to argue that the sex occurred in North Carolina (which we do travel to fairly often for trips together) where the age of consent is 16? Also, how could we avoid a charge altogether, and would we have to leave his name off of the birth certificate?
    Where are your parents? Are they aware that you are dating someone who is 25?

  3. #3
    Join Date
    Nov 2013
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    7,056

    Default Re: How to Fight Statutory Rape Charge

    Quote Quoting samantha0009
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    My question involves criminal law for the state of: Tennessee

    I'm a 17 year old residing in the state of Tennessee and got pregnant by my boyfriend, who is 25. I'm a full time university sophomore, I have 2 jobs and a full scholarship, and he works full time as well. We're planning on getting married as soon as I turn 18, but we're worried about him being charged with statutory rape since the age of consent is 18.

    My question is: what would be the best way to fight the charge in that event? Would it be possible to fight it from the angle that I'm a full time college student and am capable of making the adult decision of sex (which is what age of consent laws aim to target), or would it be possible for us to argue that the sex occurred in North Carolina (which we do travel to fairly often for trips together) where the age of consent is 16? Also, how could we avoid a charge altogether, and would we have to leave his name off of the birth certificate?
    Other than your post, who would know about this and why are you worried? I can't imagine that your parents would turn you in and screw up your future. Although they may be really upset.

  4. #4
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    Jul 2010
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    8,006

    Default Re: How to Fight Statutory Rape Charge

    The best way to fight such a charge, if it occurs is with the assistance of an attorney.

    You being in college does not magically change the age of consent. Saying you traveled to another state to have sex could get him Federal charges.

  5. #5

    Default Re: How to Fight Statutory Rape Charge

    Quote Quoting free9man
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    The best way to fight such a charge, if it occurs is with the assistance of an attorney.

    You being in college does not magically change the age of consent. Saying you traveled to another state to have sex could get him Federal charges.
    I know that traveling across state borders with the intent of sex is illegal, but wouldn'the the prosecution have to prove the intent? Or would it be assumed?

    Also, would the hospital be a mandatory reporter of the situation if his name were put on the birth certificate?

  6. #6
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    Sep 2010
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    19,901

    Default Re: How to Fight Statutory Rape Charge

    Anything he says can be used against him. Stating he wanted to have sex, is plenty of indication of intent.

  7. #7
    Join Date
    Oct 2014
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    8,238

    Default Re: How to Fight Statutory Rape Charge

    Frankly I think in this circumstance the chances of criminal prosecution are very low unless you or your parents make a big fuss about it to the police or prosecutor. You’re a sophomore in college (and generally sophomores are age 18+), the guy is your boyfriend, and getting a jury to bite on convicting him in that circumstance is risky for a prosecutor. I think most people would see this as not terribly a big deal. Moreover, the prospect of prosecuting the father and possibly damaging his ability to support the child with the related prospect that the child might go on public support weighs against prosecution here when everyone involved is not complaining about what happened. I would not worry much about this at this point. Focus on a healthy pregnancy and birth, and plan your wedding. Best of luck to you.

  8. #8
    Join Date
    Mar 2016
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    2,289

    Default Re: How to Fight a Statutory Rape Charge

    Quote Quoting samantha0009
    View Post
    My question involves criminal law for the state of: Tennessee

    I'm a 17 year old residing in the state of Tennessee and got pregnant by my boyfriend, who is 25. I'm a full time university sophomore, I have 2 jobs and a full scholarship, and he works full time as well. We're planning on getting married as soon as I turn 18, but we're worried about him being charged with statutory rape since the age of consent is 18.

    My question is: what would be the best way to fight the charge in that event? Would it be possible to fight it from the angle that I'm a full time college student and am capable of making the adult decision of sex (which is what age of consent laws aim to target), or would it be possible for us to argue that the sex occurred in North Carolina (which we do travel to fairly often for trips together) where the age of consent is 16? Also, how could we avoid a charge altogether, and would we have to leave his name off of the birth certificate?
    No one is going to file charges on him unless someone reports him. Do your parents like him? Do you think they'll call the cops on him? If they haven't by now they likely won't. So don't even worry about it. That's up to you to put him on the birth certificate or not if you're unmarried when the baby is born.

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