Age of Consent in Utah

[projazz1]

What is the name of your state? Utah

What is the legal age of sexual consent in the state of Utah?

I recently received a phone call from a young woman informing me that she is currently pregnant, and that my 16 yr. old son is the father. Upon further investatgation I learned that this girl lives 80 miles from us, and that she had become acquainted with my son on the internet. After 2 or 3 exchanges of e-mail the girl made the 1 1/2 hour drive to meet my son, purchased and consumed alcohol, and then engaged in sex with my son.

I have also learned that this girl is a 21 yr. old college student! I asked her what her expectations were concerning my son, and she said she absolutely will not consider adoption or abortion, and that she expected my son to be a "man" and step up to the plate. I told her that it would be difficult for him to step up to the plate and be a "man" because he just turned sixteen and doesn't have the foggiest idea of what that means.

I am not an over protective mother, and I am not trying to shift, or prevent my son from owning up to his responsibilties, but I am curious as to how much of the responsibility is his, and how much is hers? And, is it possible for her to be in violation of the statutory rape law in Utah?

Any Knowledgable help is greatly appreciated!

 

[Whyte Noise]

The following is quoted from Title 76, Chapter 5, Part 4 ("Sexual Offenses") of the Utah State Code:

76-5-401. Unlawful sexual intercourse.
A person commits unlawful sexual intercourse if, under circumstances not amounting to a violation of section 76-5-402 [rape], section 76-5-402.1 [rape of a child], or section 76-5-405 [aggravated sexual assault], that person has sexual intercourse with a person, not that person's spouse, who is under sixteen years of age.
Unlawful sexual intercourse is a felony of the third degree except when at the time of intercourse the actor is no more than three years older than the victim, in which case it is a class B misdemeanor. Evidence that the actor was not more than three years older than the victim at the time of the intercourse shall be raised by the defendant.

Unless she forced (raped) your son, then she did nothing wrong. If he consented to the sexual contact, (and nothing against your son here, but he more than likely DID consent to it) and was 16 when it happened, she violated no laws.

 

[projazz1]

Thank you for your quick response!

I'm not stating that my son was physically "forced" to have sex against his will. But I do believe that the alcohol that she provided my son took away his ability to make such a decision, and to fully understand the possible consquenses of his actions.

Has this argument ever been used in a child support case? If so, how did it hold up in court?

I really believe my son would have insisted on using protection if he had not been drunk.

 

[amc822]

Child support is about the best interest of the child. Just because the mother is a cradle robbing , manipulative bimbo does not exempt your son from his obligation to pay child support. You said he just turned 16 was that before or after they had sex?

 

[projazz1]

Unfortunately, he turned 16 three weeks before the incident. When I told the girl how old he was, and that it probably wouldn't be in her or the babies best interest to pursue a paternity case against him, she said that she would have to reconsider her position on whether to keep the baby.

I'm not trying to prevent my son from owning his responsiblity to the situation, but as I told her, if my daughter found her self in the same situation I would advise her to either raise the child herself, or find a man that would be able to provide her and the baby with a decent life style. I think that pursuing a paternity case against an immature, irresponsible kid, wouldn't provide a good life for the baby, and unfortunately, in the end would be more hassle than benefit.

Thank you for your response.