Will statutory rape charges still be filed if they get married? 7 Answers as of June 15, 2011

My daughter is 17 and pregnant by a 20yr. old. we did not know his age at the time. Some one called CPS stating that we were going to kick her out of the house and that the house was a mess. They found nothing wrong, but her boyfriend was here and they asked his age. When he said he was 20 they said they had to report it to the DA. The police came when we were not home and asked her a lot of ?'s. they also spoke to the boyfriend and told them both that nothing would happen. We received a letter from the DA'S victim dept. offering support as a victim. It says that her boyfriend will be charged for having sex with a minor. He has not been charged yet If they get married will that drop the charges if he is charged. They planned on getting married when she turned 18. she is 6 months away from 18. Will we as her parents face charges if he does? Should I call the DA'S victim dept. and tell them that they are both at fault for having sex. She is now pregnant and he is helping buy the baby what it needs. I'm not happy about this but what do I do now that there is a baby on the way? It's too late to keep them apart now.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You have a lot of questions. Some are re the daughter others the boy friend and some as to you. All are in conflict with one another, at least as far as active representation . That is an attorney could not undertake representation as to all issues. Since you are asking, we will look at it from your perspective. I have doubts it is too late to separate them. Have no opinion if that is wise. Too many social and internal family issues requiring facts I do not have. You might want to talk with a family law attorney. Might you face charges? good question. Possible theories exist including endangerment of child. But that depends on a number of facts. For example, was boy friend living in the house? If so, talk to a good criminal defense attorney. If BF was sneaking in, less to worry about, maybe nothing. Have some concerns about the entry into the house but, daughter is probably old enough to let them in and , as to her living conditions, there my be some exceptions. As to marriage, may or may not cause DA to reconsider. No guarantees. If he's participating in caring for kid to be, increases potential for a favorable disposition for him.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Getting married will not prevent a prosecution. If your daughter does not want the boyfriend prosecuted it is best that you hire an attorney for her. If you can't afford that you will need to contact the local court appointed system (Public Defender etc.) for assistance. He will need his own lawyer. The Da is there to prosecute crimes and not assist you further. I certainly would not make admissions of wrongdoing to that office.
Answer Applies to: California
Replied: 6/14/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
Sometimes, they technically can be - but often are not. For more information, please see my website.
Answer Applies to: California
Replied: 6/14/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Given the age difference there is a good chance that charges may not be filed and if they are a better chance that your attorney will be able to get the charges dismissed.
Answer Applies to: California
Replied: 6/14/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
First, stop talking to law enforcement all of you. The district attorney, victim assistance, is law enforcement too. Second, the boyfriend needs to seek counsel. In some jurisdictions, district attorneys will take a plea that lasts only until the alleged victim is 18 and may drop charges if they get married but he needs to get an attorney.
Answer Applies to: California
Replied: 6/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Charges against him are possible, but unlikely after the marriage once they learn of it. Against you? Still probably not likely after the wedding. That decision is up to the DA. If you do get charged, contact me for the legal help you will need.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    The DA may drop the charges if the two of them get married. Nothing is certain, but it will certainly make the case a lot less serious if they get married. But this is the sort of case that can generally be worked out if the boy doesnt have any other criminal record, and if hes in a committed relationship with your daughter and willing to accept probation and parenting classes and the like. Most states in the US have an age of consent below 18 is there any possibility that the sex occurred somewhere other than California? Did they already admit to having sex at a location inside the jurisdiction of the DA? Marriage is a serious business and I certainly wouldnt ask your daughter to marry him simply to avoid (or lessen) trouble for him. I would only encourage it if the two were already serious about getting married.
    Answer Applies to: California
    Replied: 6/14/2011
Click to View More Answers: