Does marriage void Stat. Rape?

[HeidiCat]

"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."

-Amen!

 

[I AM ALWAYS LIABLE]

"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."

-Amen!

My response:

That's right. Especially when I'm laughing my guts out, and having such a good time!

IAAL

 

[HeidiCat]

Well, I'm glad that I've managed to provide some late night amusement for you. And I'm assuming that stat. rape thing is out of the question. So much for looking for a creative way to stop current harassment.

 

[I AM ALWAYS LIABLE]

Well, I'm glad that I've managed to provide some late night amusement for you. And I'm assuming that stat. rape thing is out of the question. So much for looking for a creative way to stop current harassment.

My response:

Oh, please! What "current harassment"? There is no harassment. He just wants to see his kid. What the hell is so wrong with that?

And, don't "assume" anything about Statutory Rape.

But, regardless, he's still entitled to visitation, and your child needs a father. Take a "chill pill" and just let it happen. No one is going to harm your child. They should have a relationship.

IAAL

 

[HeidiCat]

The current contact has nothing to do with the child. I never said that it did. He couldn't be less interested in being a father.

 

[I AM ALWAYS LIABLE]

The current contact has nothing to do with the child. I never said that it did. He couldn't be less interested in being a father.

My response:

Well, I'm not going to play "20 Questions" with you, then. There was, and still is, too many facts left out of your posts to give any type of a serious answer, anyway.

So, until you start giving all the facts, including your age (remember, we're talking about a Statute of Limitations), then no one is going to be able to help you with your legal issues.

You have a lot of holes to fill in. Oh, and that wasn't a pun.

IAAL

 

[HeidiCat]

Sorry for the lack of information. I was attempting to keep things short and sweet.

More History:

I divorced him in 1996 due to physical abuse. Because of the lack of interest on his part I was awarded full custody. He was granted some visitation, but never took pursued seeing the child. I moved to Texas to go to college and to be close to my grandparents who kept the child while I attended classes.

Current situation:

Myself and the child reside by ourselves in a home in Texas. I support both of us. The ex-husband pays no child support. I'm 23. He found out through a friend that I'm engaged and began making harassing phone calls. I.E. - "You can't get married again because that will be adultry and you will go to hell."

I apologize if this is TMI. He is from TN and still lives there and no, I don't know what I was thinking when I became involved with him.

 

[stevek3]

What is the name of your state? - Tennessee

I got pregnant at 13 by a 17 year old. We married when I was 14 with parental consent. I gave birth at 14. We divorced 1.5 years into the marriage.

Question - Can I file statutory rape charges even though we were married?
- If so, is there a time limit?

Thanks in advance for the help.

I believe the Jerry Lee Lewis Statutory Cousin Act of 1958 speaks directly to your question. I do not recall the exact provisions of the statute, so you might need to Google it.

 

[CdwJava]

What is the name of your state? - Tennessee

I got pregnant at 13 by a 17 year old. We married when I was 14 with parental consent. I gave birth at 14. We divorced 1.5 years into the marriage.

Question - Can I file statutory rape charges even though we were married?
- If so, is there a time limit?

Thanks in advance for the help.

You may have to contact the prosecutor's office where you lived in TN, but I am going to take a guess that not only has the SOL tolled, but the fact that you were married - AND he was under age as well at the time, is going to void any serious attention by any prosecutor.

Prosecutors and judges also tend to get annoyed if they find they are being used as tools to get back at ex-spouses, so you may want to leave the stat. rape matter alone.

- Carl

 

[BelizeBreeze]

39-13-506. Statutory rape.
(a) Statutory rape is sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least four (4) years older than the victim.

(b) If the person accused of statutory rape is under eighteen (18) years of age, such a defendant shall be tried as a juvenile and shall not be transferred for trial as an adult.

(c) Statutory rape is a Class E felony.

Now, try to find a district attorney will to risk his professional live on you waiting four years, one marriage and a child later to file such charges while you are currently having problems AND it's been 10 years.

MOVE ON!

 

[BlondeIntel]

. . . but now reside in Texas.

Some new unwelcome contact from the ex-husband is the reason for the question, however ignorant you may believe it to be.

What kind of "contact"?

If it is just phone calls, you can contact the phone company and tell them you are getting obscene phone calls. Most phone companies will then help you document the calls.

 

[BlondeIntel]

"You can't get married again because that will be adultry and you will go to hell."

Since his religious beliefs are part of your problem, it might help to contact the Divorce Care Minister at a local church.

 

[BlondeIntel]

My response:

Why would ANYONE move to one of the Dufus States?

Do you see, and understand, what Appalachian States do to people?

They immediately start saying things like, "Duh yup!"

IAAL

Dear "Charming One" (I like your new name.)

Have you ever lived or vacationed in one of the "Dufus States"? You really ought to try it sometime.

 

[BelizeBreeze]

Have you ever lived or vacationed in one of the "Dufus States"? You really ought to try it sometime.

He didn't say HILLBILLY states, he said DUFUS state.

 

[BlondeIntel]

I thought they both meant the same thing to the "Charming One".