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  1. #1
    Join Date
    Apr 2012

    Default Statutory Rape, 18-Year-Old and 17-Year-Old

    My birth date is 7/14/1993 hers is 7/04/1994 we live in tucson Arizona she is 4 months pregnant My gf and I been with each other for a year met when we were 16,17 n I'm 18 now n she's pregnant but I talked to her mom n she's okay with me and her being together n she's not happy about the pregnancy but shes okay with it cuz I'm trying to do the right thing and go to the army and support us and the baby but her dad hates me can I go to jail and get charged for rape if her dad calls the cops on me even tho her mom is okay with us they both have custody of her

  2. #2
    Join Date
    Jan 2012
    Tacoma, WA

    Default Re: My Girlfriend is Pregnant Im 18 and Shes 17 Do I Get Charge of Rape or a Sex Offe

    13-1405. Sexual conduct with a minor.
    A. A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age.

    So, yes, you could be charged. You are over 18 and she is under. Her pregnancy is obvious proof of sexual intercourse and a DNA test would prove that the intercourse was with you. Whether a prosecutor would actually file charges in your circumstances, I cannot say. If you are contacted by law enforcement, you should get an attorney immediately.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  3. #3

    Default Re: My Girlfriend is Pregnant Im 18 and Shes 17 Do I Get Charge of Rape or a Sex Offe

    It doesn't matter if mom is ok with it either. Mom doesn't have the ability to "allow" a crime against a minor, even if that minor is her child.

  4. #4

    Default Re: My Girlfriend is Pregnant Im 18 and Shes 17 Do I Get Charge of Rape or a Sex Offe

    I just want to note 2 things: 1) Rape is usually defined as forced sex. I'll give you the benefit of the doubt and assume that you didn't force her to sleep with you, so rape probably wouldn't be an offense. 2) Sex with a minor IS an offense, however, many states have exceptions or defenses for sex with minors if the "adult" was VERY close in age with the minor. Fortunately for OP, Arizona is one of those states and his case does fit the defense. He is now 18 and she is now 17 so his case fits. For reference:

    Arizona Penal Code 13-407
    (F). It is a defense to a prosecution pursuant to sections 13-1405 and 13-3560 if the victim is fifteen, sixteen or seventeen years of age, the defendant is under nineteen years of age or attending high school and is no more than twenty-four months older than the victim and the conduct is consensual.

    Based on this, you SHOULD be off the hook legally, although I will say that impregnating her at such a young age was a big mistake for both of you. I wish you both the best of luck, if only for the child. Please consult a criminal defense attorney if you need legal assistance.

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