Can You Be Convicted of Statutory Rape if You Sign a Paternity Affidavit

[taytay0826]

My question involves criminal law for the state of: Florida

A close family friend, who is only 17, has become pregnant for the 2nd time in 2 years. She is in a rough place, and I'm trying to help her out. She is not 100's sure who the father is, and does not want them in her life in any case. I was wondering, if I sign the birth certificate for her, am I admitting to statutory rape? I am 27. Will the hospital have to call the police and file a report? I'm not interested in advice about the millions of other things wrong with me signing, I'm only interested in the possible criminal charges.

[Mr. Knowitall]

If you decide to commit perjury by falsely swearing that you're the father, and put yourself in the sights of the police for a possible statutory rape charge, you have nobody to blame but yourself. (Read the form - you sign under penalty of perjury.) You will have something of an uphill battle contending that you didn't have sexual relations with the girl, and by committing perjury you open a door for an angry prosecutor who decides that he cannot get you on a statutory rape charge if the DNA tests come back as identifying a different father. Or he might just push ahead with those charges. Or both charges. Nobody here can promise you that you'll get a "best case scenario" outcome as opposed to the worst case.

How do you imagine that committing paternity fraud is going to help this girl, unless you mean by obligating you to pay child support for the next eighteen years or so? When she inevitably ends up on public assistance, even if she claims she doesn't want any money from you, the state will come after you for money.

The statement, "She is not 100's sure who the father is, and does not want them in her life in any case", is interesting. So she was sleeping with a lot of guys around the time of conception, but thinks they're all horrible human beings?

[Dogmatique]

This is a very, very bad idea.

FL is one of the - if not THE - most rabid states in the country when it comes to prosecuting underage sex crimes. Paternity fraud aside (and as MKIA has mentioned, that is also an issue), the age difference would likely push the prosecutor to march right ahead with the full force of the law right behind him/her.

The answer is quite honestly very simple. Don't. Do. It.

At all.

(I'm curious though why, OP, you would think this would actually help her?)

[aardvarc]

If you want to REALLY help her, and not risk ending with a criminal perjury charge, then be a friend and educate her about birth control, for starters, and sexually transmitted diseases for followup. Then make her understand that no matter WHO signs the birth certificate, the ACTUAL fathers in question can STILL challenge paternity down the road and can seek and be awarded visitation - no matter how much she doesn't want them around. When she's sleeping with these guys, she's potentially inviting them into her life for the next 18 YEARS - longer than she's already been alive.

Keep in mind that you'll be of little or NO help to her if you are embroiled in legal problems of your own.

No one HAS TO sign the birth certificate. Blanks can simply remain blank. But signing falsely opens you up to legal problems of your own, and at the same time won't STOP the actual fathers from pursuing their own parenthood. There's no up side to the lie for either of you. But be VERY certain that you've read the little tiny print, especially the part with the word FELONY in it. That means potential for not just your local county jail, but a state penitentiary. Doesn't happen often - but DOES happen. If you're asking if we can guarantee that you won't go from helping "Barbara" to being in a position to help "Bubba", no, we can't give you that piece of mind.

[Dogmatique]

(We need a "like" button, for real)


AND...I can't emphasize this enough. This is FLORIDA.

[taytay0826]

I understand & appreciate all of your points. And without getting into too much detail, I can honestly say I am not concerned with possible issues from the person who got her pregnant this time. This is a very closely held family matter. This girl does not want this child, but does not want to put it up for public adoption. I would actually be the caregiver for the child, not the mother. I know there are many other things that could go wrong down the road, and beleive me I am taking those into account.

My only question is really this - "Does the hospital or doctor HAVE to call the police if they see an age problem on the birth certificate?"

[cbg]

Yes. Hospitals and doctors are mandated reporters. The age of consent in Florida is 18. While there is a close in age exemption, it would NOT cover you. Therefore, if you were to claim responsibility for her pregnancy, you would be putting yourself in very real danger of prosecution. Florida does NOT kid around with this.

[antrc170]

It is highly unlikely that you would be convicted of statutory rape as a DNA test would easily prove that you are not the father of the child.

However, you could face charges for fraudelenty applying your name to the birth certificate and if the mother agreed to the fraud you could both face conspiracy charges for the fraud.

You absolutely should not put your name down. You can provide the same manner of care if your name is not on the birth certificate. The mother, once 18, can name you as a legal guardian of the child.

[Mr. Knowitall]

It is highly unlikely that you would be convicted of statutory rape as a DNA test would easily prove that you are not the father of the child.

Not so fast. The acknowledgement of paternity would be a sworn statement that, by implication, says "I had sexual relations with the minor and thus believe I am the father of her child." The DNA test would show that the minor was sleeping with somebody else, but would not disprove the affiant's implied claim that he was also sleeping with the minor.

However, you could face charges for fraudelenty applying your name to the birth certificate and if the mother agreed to the fraud you could both face conspiracy charges for the fraud.

While granting that there's a possibility, I have not heard of anybody, anywhere, charged with fraud for falsely reciting that a non-father was the biological father. Under the facts as given, as previously stated, I could see an irritated prosecutor pursuing a perjury charge, but that's also exceptional and quite a bit different from fraud.

You absolutely should not put your name down. You can provide the same manner of care if your name is not on the birth certificate. The mother, once 18, can name you as a legal guardian of the child.

If he's a suitable candidate, he can become a legal guardian through a court before the mother turns 18.