My question involves criminal law for the state of:california.. i was 16 turning 17 and my boyfriend was 20 turning 21 and i had gotten pregnant i am now 17 turning 18 in 2months and my daughter is about to be 3 months is it still considered rape ?
My question involves criminal law for the state of:california.. i was 16 turning 17 and my boyfriend was 20 turning 21 and i had gotten pregnant i am now 17 turning 18 in 2months and my daughter is about to be 3 months is it still considered rape ?
Was the rape reported at the time?
It wasnt a rape but i was told it was considered rape because of the age difference
What age you are at the time you and your victim are charged is IMMATERIAL. It is the ages you were when the sexual offenses occurs that matters. The crime is unlawful sexual intercourse, and if you were within three years of age difference, it's a misdemeanor, if it was a greater gap it's a wobbler. The prosecution has a year from the time the crime is identified (and to the point you are 21) to charge him with the offense.
Rape? No.
Felony unlawful sexual intercourse? Yes.
Even when you are 18 he can still be charged.
As for the SOL, it would be three years from the discovery of the crime - in this case, at least the time you were discovered to be pregnant. Misdemeanors have an SOL of one year, but age 16 and 20 will be a felony.
In order to make a case someone has to report it to the police. If there is no report, no victim it is not likely that the police will browse through birth records checking the ages of the mothers and fathers to find if they can build a case. If they ever question you, you have the right to remain silent, not to answer any questions and since getting pregnant does not necessarily mean it happened through sexual intercourse, you could have got artificially inseminated either in a hospital or home it is not likely to make a real case out of it. Even if there is a case it might be difficult to prove it beyond reasonable doubt for the jury without you testifying that in fact you had intercourse with your BF.
Your BF did in fact commit a felony but this was a risk he took when he got involved with you; no matter how much we do not like that our government tells you who you can have a sexual relationship with and who you cannot.
Really??! To a MINOR??? No doctor would do that and still remain in practice, sorry.
Yeah, she doesn't have to answer questions, but if she applies for any kind of state aid she WILL have to identify daddy, and they WILL look into it. Or, she can wait a few years until the SOL has ostensibly passed ... but, if she applies for aid, the state will still come after daddy for the back money owed.
Three letters: DNA.Even if there is a case it might be difficult to prove it beyond reasonable doubt for the jury without you testifying that in fact you had intercourse with your BF.
I do these investigations and let me tell you, they are easy. Girls talk. Facebook, Instagram, friends, emails, gossip - all tend to lead to daddy. Keeping it a secret is almost impossible. And getting warrants for this stuff is easy, but usually it is simple enough to get consent from the child, and even their parents.
The government has a vested interest in preventing children from being sexually assaulted. Why would you think otherwise?Your BF did in fact commit a felony but this was a risk he took when he got involved with you; no matter how much we do not like that our government tells you who you can have a sexual relationship with and who you cannot.![]()