statutory rape - ny

[TakenForGranted]

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

My friends boyfriend served time for having sex with a girl who was 17 though she told him she was of course older. At any rate, he did his time (about 7 years ago I believe) and has moved on and become a productive citizen. My girlfriend and her ex-husband have been arguing lately (they have been divorced for about 7 years and she has been with her boyfriend now for about 3 but has known him for 14 yars). Her ex is threatoning to try to take her children away because of her boyfriends past, but he has known about this for years and actually, when he and my friend got together she was only 15 and he 1as 19 and he was having sex with her so it is no different than what happened to her boyfriend. What is the law regarding sex offenders living with their own children and the children of others? When ever he has moved and registered via the sex offender registry there has never been an issue with him residing with his own children or his girlfriends children. what kind of problem could this pose for her now even though her ex-husband has knows and committed the same crime, he just didn't get arrested (she actualy had a baby by her ex husband when she was under age). If anyone can point me to a possible website or submit a solid answer I would greatly appreciate it.

Thank you!!!!!

 

[Ohiogal]

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

My friends boyfriend served time for having sex with a girl who was 17 though she told him she was of course older. At any rate, he did his time (about 7 years ago I believe) and has moved on and become a productive citizen. My girlfriend and her ex-husband have been arguing lately (they have been divorced for about 7 years and she has been with her boyfriend now for about 3 but has known him for 14 yars). Her ex is threatoning to try to take her children away because of her boyfriends past, but he has known about this for years and actually, when he and my friend got together she was only 15 and he 1as 19 and he was having sex with her so it is no different than what happened to her boyfriend. What is the law regarding sex offenders living with their own children and the children of others? When ever he has moved and registered via the sex offender registry there has never been an issue with him residing with his own children or his girlfriends children. what kind of problem could this pose for her now even though her ex-husband has knows and committed the same crime, he just didn't get arrested (she actualy had a baby by her ex husband when she was under age). If anyone can point me to a possible website or submit a solid answer I would greatly appreciate it.

Thank you!!!!!

Best interest of the children standard applies. The ex husband did NOT commit the same crime -- because he was not convicted. Hence no proof. Ex hubby needs to prove that the man is a danger to the children and why he didn't do anything sooner. But quite frankly your friend may have issues.

 

[TakenForGranted]

I guess the proof with her ex husband would be that she gave birth to a child at age 17 so that should be proof enough. But I certainly understand she is going to have issues, we just don't know where to turn for possible other cases that are similar. For isntance, what happens to offenders in this situatio (where they were lied to about the girls age) and they have their own children and are happily married now - do they force the new wife to give up her kids or divorce her husband who unfortunatley was lied to by this girl? It is a touch situation**************.