rape or not

[Lost_Teen]

What is the name of your state (only U.S. law)? Arizona

Hello i am 19 years old and I got my girlfriend pregnant that is 17 at the time. To be honest i am not 100% percent sure that the baby is mine because at the time she got pregnant she cheated on me. The thing is she comes and visits me and she tends to act up and jump through windows while she is pregnant and she left and walked almost a mile at 1 in the morning. I called her and asked her where she was and she told me i ran over there because i have no car. When i got there she started to act up pushing me and saying she is not gonna go home. I held long enough until a cab got there and i got her back to my house. When we got there my brother talked to her and she was fine but a couple days later she acted up again and jumped through the window. I just barley got home from work and i got out late and i was tired i was not in the mood to baby sit her and follow her around i am getting annoyed of her doing this but i care for her safety and the baby. So i called her mom and told she needs to come and get her or else im gonna have to call the cops because she will not listen to me. When i said that her mom which always acts on impulse threatened that if i call the cops she will say i raped her which i didn't but the law says i did because she is underage. I am tired of her mom pulling that card on me all i want is for the cops to come and get her under control because her mother does not have enough money to get her daughter. I want to know what i can do and is there anything that i can do for custody of the baby i do not trust her with the baby when it is born. We are not married i am 19 and she is 17 what can i do??

 

[Proserpina]

So...is this presumably is a different situation from...

THIS one?


https://forum.freeadvice.com/child-custody-visitation-37/big-custody-problem-489139.html

 

[justalayman]

We are not married i am 19 and she is 17 what can i do??

It's a little late to ask what you can do now. You should have thought of that before you were having sex with a minor.

Whether she got pregnant from the sex is irrelevant concerning it being a crime. Once the child is born, a DNA test will confirm it as yours or not so if it is, there is not much to be said to escape the proof.

so, what you can do? tell the girl to stay home with her mother where she belongs. Each time you have sex with her, it is an additional count of the same crime.

i was tired i was not in the mood to baby sit her

just wait until the child is born. Then you get to babysit and financially support a real baby right along with the girl you consider to be immature.

I want to know what i can do and is there anything that i can do for custody of the baby i do not trust her with the baby when it is born.

once the baby is born, you can file to have paternity established and if it is yours, you can try to get custody. The courts will look at the situation and decide but unless she is an obvious threat to the child, she will be allowed to have her child, at least part of the time.

 

[Lost_Teen]

Ok thank you for the replay i hope i get this figured i just care about her safety and the baby and if anyone else has any advice please do thank you guys for your help

 

[Proserpina]

Ok thank you for the replay i hope i get this figured i just care about her safety and the baby and if anyone else has any advice please do thank you guys for your help

You're welcome.

 

[HuAi]

§ 13-1405. Sexual conduct with a minor; classification; definition



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.


B. Sexual conduct with a minor who is under fifteen years of age is a class 2 felony and is punishable pursuant to § 13-705. Sexual conduct with a minor who is at least fifteen years of age is a class 6 felony. Sexual conduct with a minor who is at least fifteen years of age is a class 2 felony if the person is the minor's parent, stepparent, adoptive parent, legal guardian, foster parent or the minor's teacher or clergyman or priest and the convicted person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by § 31-233, subsection A or B until the sentence imposed has been served or commuted.


§ 13-604. Class 6 felony; designation




A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated. The offense shall be treated as a felony for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor. This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.


B. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:


1. An information in superior court designating the offense as a misdemeanor.


2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.


3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.