Can FL State Attorney charge 21 yr old boyfriend with rape of 15 yr old girlfriend if pregnant and they get married?

[cbg]

When one makes a choice to violate the law, one occasionally finds that there are consequences. If Dad finds himself in jail for committing a criminal act, that may indeed have a negative affect on the rest of his life, true. But he is the one who made the choice to rape a child. And as was said above, it doesn't matter if she stripped down and begged him for it, it was still rape. His "emotional age" is legally so much gibberish.

 

[Zigner]

I suspect that the 15 year old may also want to seek advice from a criminal defense attorney, as well as anyone else who encouraged her to lie to the police and/or actually lied to the police about the identity of the purported father.

 

[quincy]

I suspect that the 15 year old may also want to seek advice from a criminal defense attorney, as well as anyone else who encouraged her to lie to the police and/or actually lied to the police about the identity of the purported father.

Despite any lies about who the father is, the 15 year old victim is unlikely to be charged with a crime.

 

[Zigner]

Despite any lies about who the father is, the 15 year old victim is unlikely to be charged with a crime.

Fair enough - and I would agree that is probably the fair way to handle this difficult matter. The adults who lie...that's a different matter.

 

[quincy]

Fair enough - and I would agree that is probably the fair way to handle this difficult matter. The adults who lie...that's a different matter.

I agree that the adults are not helping the pregnant teenager by lying.

I can understand to a degree the (warped) thinking behind their apparent wishes to keep the adult father of the child's baby from prison.

And consent is actually a factor that is considered in sexual battery of a minor in Florida, which could work to the 21 year old's benefit.

Here is a link to the law: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html

It could be important to emphasize that it was only this month that Florida eliminated the law that allowed pregnant minors to marry.

 

[Ohiogal]

Marriage does not protect against statutory rape already committed

 

[quincy]

Marriage does not protect against statutory rape already committed

It doesn't matter in Florida now anyway. Marriage would not be an option.

The criminal defense attorney hired by the 21 year old, no matter how good, will probably not be able to keep him from prison. That said, the prosecutor could also have a difficult time showing there was a lack of consent.

 

[stealth2]

I dunno. By 15, both of my kids understood the possible consequences of having sex, the potential consequences of statutory rape, what birth control is and what it's for. LOL In fact, my youngest, who was seeing a younger boy, cut him off the day she turned 18. He/sex weren't worth jail/her future.

 

[quincy]

I dunno. By 15, both of my kids understood the possible consequences of having sex, the potential consequences of statutory rape, what birth control is and what it's for. LOL In fact, my youngest, who was seeing a younger boy, cut him off the day she turned 18. He/sex weren't worth jail/her future.

Your kids were raised well and are smart.

But there are others who need to sit through a PayrollHRGuy sex ed class or two.

 

[Just Blue]

Your kids were raised well and are smart.

But there are others who need to sit through a PayrollHRGuy sex ed class or two.

 

[Eekamouse]

Parents have asked me to assist with looking into options for this situation. Do you have any advice that you may be willing to share? It’s a horrible situation all the way around.

Here are their options: They can stop trying to pretend that the 21 year old is not a child rapist. Then they can acclimate to the reality that they, the grandparents, are going to be the ones raising and supporting this unexpected grandchild. The rapist should go to jail and that'll make it impossible to pay child support to his victim, at least while he completes his sentence. The victim is too young to get a job to support her child so it's going to be mom and dad who wind up supporting this baby. She's 15. She's not done growing up or done being a child herself. Instead of trying to help the man who raped her avoid criminal charges, why aren't they trying to protect their daughter from him? He's 6 years older than this child and he took advantage of her. Why aren't her parents trying to make up for their horrible judgement by allowing her to associate with this man in the first place by making sure he pays for his crime?

 

[quincy]

The 21 year old right now could think about setting up a bank account (I am assuming here that he is currently employed) and start contributing to it, so the young mom has some support money once the baby is born.

The father could provide the 15 year old/her parents/his parents with access to the account if/when he is arrested, charged, convicted, incarcerated.

This is also assuming that the 21 year old does not decide to flee the state and hide.

 

[stealth2]

I guess what I find most sad about this situation is that the people who SHOULD be most invested in protecting this child - her parents - seem to be more interested in protecting the man they allowed to take advantage of her. Instead of taking action to ensure that their little girl's future (and that of her unborn child) remains bright and full of hope, they are more interested in ensuring that it does not. And that they surround themselves with like-minded people (yes, OP - that finger is pointed in your direction).

None of us are stupid. We all know that young people - of any gender - are curious and driven by biology. As adults, we know where that can lead. And it DOES happen. Even with the best raising and education. I was lucky - I didn't mean to intimate otherwise. And I do know others who have been on the other side of the fence. It comes down to how they handle things.

LOL And I also wonder how many 21 yo men are NOT emotionally immature...

 

[HRZ]

So explain all the great economic and social benefits this so called immature rapist will bring to the equation via marriage?

(I have heard of girls / their parents seeking to get them pregnant by upper class rich young men ...but that doesn't make it lawful);

 

[eerelations]

So explain all the great economic and social benefits this so called immature rapist will bring to the equation via marriage?

I too would like an explanation. As I read through this thread, I kept asking myself "So, other than marital status, what is the difference between an emotionally immature rapist boyfriend and an emotionally immature rapist husband?" Unfortunately, I haven't been able to come up with any kind of credible or logical answer.