Statutory Rape

We are currently living in the state of Minnesota. My daughter is 15 (she will be 16 in 4 months), her boyfriend just turned 18. He has a 5 month old son. My daughter and her boyfriend are having sex. My question is can he get into any legal trouble because of her age? If so, can anyone just turn him in to the authorities or does that have to be implemented by me. Can he lose rights to his son?

Please help me.

Thanks.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tgypsy:
We are currently living in the state of Minnesota. My daughter is 15 (she will be 16 in 4 months), her boyfriend just turned 18. He has a 5 month old son. My daughter and her boyfriend are having sex. My question is can he get into any legal trouble because of her age? If so, can anyone just turn him in to the authorities or does that have to be implemented by me. Can he lose rights to his son?

Please help me.

Thanks.<HR></BLOCKQUOTE>


My response:

Your daughter, if in fact she is having sexual intercourse with the 18 year old, is being raped. Your State's age of consent is 16 years of age. Not only is it a criminal offense, but it is an offence of "moral turpitude" which can, and will, affect his rights to his child - - if anyone wishes to take action.

What are you doing to protect your daughter?

IAAL


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TO: I AM ALWAY LIABLE:

I do understand that the legal age is 16 and I don't want his rights interferred with when it comes to his child. My question was mainly "legally" could anyone else intervene and make problems? Wouldn't I have be press charges being her parent?

I know she is having sex, we have talked extensively hundreds of times on birth control and safe sex. I have her on the pill and I know she uses condoms from what she tells me. I don't condone this behavior however I have done and still do all I can to make sure that she is well protected.

My response:

Yes, any citizen that sees, hears, or has reason to believe that a crime has occurred, may report it to authorities.

What does HIS child have to do with the fact that YOUR child is being raped? You have a duty to protect your child - - not merely with "the Pill" or "Condoms". The 18 year old obviously is unable to control himself - - the fact that an 18 year old has a child is testament to that fact - - and you, the parent of a 15 year old "child" is obviously unable to control her. Therefore, under the law, you have a DUTY to report the illegal activity in order to STOP your daughter from thinking with her hormones, instead of her brain. If the illegality is reported by anyone else, and you are shown to have FAILED to protect your daughter (which would be quite easy to do), then your daughter could be taken from you because you are "contributing to the delinquency of a minor" - - which is a criminal matter in and of itself.

You had better hope no one reports what's happening or you could "go down for the count" yourself.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 19, 2000).]

TO: I AM ALWAYS LIABLE

Thank you for your input. Now I know what to do. I am now prepared to report the crime and subsequently quit my job and go on welfare so that I can be with my "child" every moment of every day. You have opened my eyes to the inevitable. Thank you!

Given that before he turned 18, I believe they were having sex as I believe they are now, then they both have broken the law as minors previous to this. I feel if justice serves, they will both have to pay for their crime.

I feel much better knowing that a hefty fine will have to be paid and that jail time might incur as well as the fact that he may lose rights to his child.

Here's a toast to society for corrupting our children when we as parents work so hard to teach and instill in our children the best of morals and values.

You sound like a person that has a child or children and has not only a very warm heart but also understanding towards the youth of our time. I repect your opinion and I will follow your advice. For its time to bring the children down!

Sincerely,


An Enlightened Mom

This sound like a good show for RIKKI LAKE...

UM 15 years old and going out with a guy that alredy has a child....

Why isnt he doing whatever he can to raise his child, get a job, and be a ful time student and then he wont have anytime for your daughter

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tgypsy:
TO: I AM ALWAYS LIABLE

Now I know what to do. I am now prepared to report the crime and subsequently quit my job and go on welfare so that I can be with my "child" every moment of every day. You have opened my eyes to the inevitable.

<< I really don't care what you do. You want to argue? Hey, it's your daughter, not mine. You have to do what you feel is best. But, when somebody reports it, and your daughter is taken from you, and you need an attorney due to criminal counts against you, don't say to yourself, "He never told me so" - - because I did. >>

Given that before he turned 18, I believe they were having sex as I believe they are now, then they both have broken the law as minors previous to this. I feel if justice serves, they will both have to pay for their crime.

<< There is no "minor" rape if they are both under the age of 18 when having intercourse. But, once HE turned 18, and was boinking your daughter, then it became "rape" for him. Your daughter DOES NOT have the legal capacity to give consent to him. Your daughter is only guilty of being "promiscuous". I remember way back when, in school, we had a name for girls like your daughter . . . "Easy" - - and some others. If that's they way you want your daughter's reputation to be known as, then so be it. >>

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 19, 2000).]

TO: PETER

He does have a job and is a full time student and he does help raise his son...don't know what else to say. Yes, it does sound like a topic for Rikki Lake...

I just hate to see him lose his son and I hate to see anything bad come of this.

I love my daughter dearly and I do like this boy she is with. I don't condone what I think they are doing..I don't know for sure that they are, but hey, he has a son already...

When I was 15 I was with someone, later on when I was 21 we married, my daughter came along a year later.. again, I don't condone it, but what can we as parents do about when we are not around? Even when we have done our best to instill in our child to wait till you are married?

I just hate to see anyone get hurt. I've forbidden her to see him...but when I have to work...I don't know exactly what's going on. I even leave work a couple times a day at random times to come home and check on her...so far so good...no proof...just a suspiscion. She is not allowed to have kids in the house when I'm away..and so far I haven't caught anyone here and I have 2 neighbors watching over the house. Its when she isn't here that I don't exactly know...the bottom line is...I hate to see something bad happen to either one of them...I'm am doing my part and have for quite sometime...

I sure hate it when someone decides to try to make a parent look bad when they have never tried on their shoes.

Thanx Pete for your input

My further response:

Let's see . . . I give her the law, and inform her of the precarious situation her daughter is placing her and the daughter's boyfriend - - AND the boyfriend's child, and "Peter" gets "thanks"?

That's a new one!! And push me over with a feather . . .

Hey, Peter (aka LoudRich and Mee), you better frame this one, because this is one of those EXTREMELY RARE responses where someone acually "thanks" you. If she only knew . . .

IAAL


P.S. Momma says, "I just hate to see him lose his son and I hate to see anything bad come of this." But, she won't do anything to help her daughter - - talking to her is NOT enough. Did you ever think of counseling to find out WHY your daughter feels this is socially acceptable behavior at her age, and what more you can do to help her? No. Of course not.

Right now, it's Summer, and school is out. But, when school starts again, and "word" gets out, and into the hands of a school counselor (and it always does), that's when the crappola will hit the fan. I can hear it now, "Child services took my daughter away, what can I do?"

But hey, it's your life.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 19, 2000).]