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AustinSanders
Oct 14, 2012, 05:04 PM
I'm 16 and my girlfriend is 15. I'm on probation for skipping school and in foster care. My probation officer is making me move 2 hours away to be in a more "supervised" home but she doesn't know my girlfriend is pregnant. If I tell her would I be allowed to not move and stay here to be with her & the baby?

teacherjenn4
Oct 14, 2012, 05:05 PM
Why don't you ask her? The answer will either be yes or no.

ScottGem
Oct 14, 2012, 05:09 PM
More likely, once it is found out that you got a 15 yr old pregnant, you may be charged with statutory rape.

ANY question on law needs to include your general locale as laws vary by area.

AustinSanders
Oct 14, 2012, 05:32 PM
The legal age of consent in our state is 14. So rape charges won't be pressed.

Alty
Oct 14, 2012, 05:33 PM
The legal age of consent in our state is 14. So rape charges won't be pressed.

I don't know of one state were the legal age of consent is 14. What state do you live in?

AustinSanders
Oct 14, 2012, 05:36 PM
Missouri. Want the link?

Alty
Oct 14, 2012, 05:53 PM
No need. I found it.

Ages of consent in North America - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Ages_of_consent_in_North_America#Missouri)

The age of consent in Missouri is 17.

Mistake as to the age of the victim may be a defense in some circumstances as defined in RSMo 566.020.

Statutory rape and sodomy, RSMo §§ 566.032 and 566.062 involve a victim less than 14 years of age. Statutory rape and sodomy in the second degree, RSMo §§ 566.034 and 566.064 involve a victim less than 17 years of age and an accused who is 21 years of age or older. The crime of Child molestation in the second degree, RSMo § 566.068, occurs when a victim less than 17 years of age is subject to "sexual contact".

The distinction among those crimes has led some to the false conclusion that Missouri has a close in age exception. Missouri has no such exception beyond the degree of crime committed.

While the statutory titles are cast in terms of Rape and Sodomy, the statutes prohibit conduct that is described as "sexual intercourse" and "deviant sexual intercourse". Those terms are defined in RSMo § 566.010.


Statutory rape, second degree, penalty. − 566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.

Statutory sodomy, second degree, penalty. 566.064. 1. A person commits the crime of statutory sodomy in the second degree if being twenty-one years of age or older, he has deviate sexual intercourse with another person who is less than seventeen years of age.

Child molestation, second degree, penalties. 566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.

Where are you getting 14 as the legal age of consent? It clearly says 17.

AK lawyer
Oct 14, 2012, 05:54 PM
The legal age of consent in our state is 14. So rape charges won't be pressed.

That's First Degree Statutory Rape.




"MO Rev Stat § 566.032. (http://law.justia.com/codes/missouri/2011/titlexxxviii/chapter566/section566032/)

Statutory rape and attempt to commit, first degree, penalties.
566.032. 1. A person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.

2. Statutory rape in the first degree or an attempt to commit statutory rape in the first degree is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, ..."
Then there's 2nd Degree Statutory Rape:



"MO Rev Stat § 566.034 (http://law.justia.com/codes/missouri/2011/titlexxxviii/chapter566/section566034/).

Statutory rape, second degree, penalty.
566.034. 1. A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age.

2. Statutory rape in the second degree is a class C felony. "

OP may have dodged the bullet on this one.

But of course there is

"MO Rev Stat § 566.068 (http://law.justia.com/codes/missouri/2011/titlexxxviii/chapter566/section566068/).

Child molestation, second degree, penalties.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.

2. Child molestation in the second degree is a class A misdemeanor ..."

AustinSanders
Oct 14, 2012, 05:55 PM
I don't fall under any of those. Charges wouldn't be pressed anyway.

AustinSanders
Oct 14, 2012, 05:56 PM
Also first degree statutory is someone who is less than 14, she isn't.

Alty
Oct 14, 2012, 05:56 PM
I don't fall under any of those. Charges wouldn't be pressed anyway.

Why won't charges be "pressed"?

AustinSanders
Oct 14, 2012, 05:58 PM
Who would press charges? Her? Her parents? Technically, it isn't rape, so I can't be convicted. What will happen? Is the state going to charge me with a felony?

AK lawyer
Oct 14, 2012, 05:58 PM
No need. I found it.
...The distinction among those crimes has led some to the false conclusion that Missouri has a close in age exception. Missouri has no such exception beyond the degree of crime committed....

Child molestation, second degree, penalties. 566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.
...

As I wrote earlier, OP may be guilty of child molestation 2nd, but not of "statutory rape".

AustinSanders
Oct 14, 2012, 05:59 PM
So we'd both be charged for child molestation 2nd? Cause I'm under 17 too.

ScottGem
Oct 14, 2012, 05:59 PM
I think he referring to 17 if the other person is over 21. But the law is unclear on this. According to this site: What is the Missouri Legal Age of Consent for 2012? (http://www.age-of-consent.info/states/Missouri)

There are no set close-in-age exemptions or "Romeo and Juliet laws" to Missouri's age of consent. This means that anyone who engages in sexual activity with someone under the age of consent in Missouri is liable for prosecution, including people only a few years older then their sexual partner and even two individuals who are both under the age of consent.

Since you are both under the age of consent, you can be prosecuted and, I suspect, with your other legal troubles, probably will. Her parents don't have to press charges, the local prosecutor can do so once its determined.

You, my friend, are way to cocky for your own good. I see jail in the future for you,

cdad
Oct 14, 2012, 06:00 PM
I don't fall under any of those. Charges wouldn't be pressed anyway.

You committed an illegal act and that breaks your probation. Get used to it if your not going to behave. As far as moving goes the state owns you so they can make you move where they see fit. Be sure to get a job right away as child support will start ticking at birth.

AK lawyer
Oct 14, 2012, 06:01 PM
Who would press charges? Her? Her parents? Technically, it isn't rape, so I can't be convicted. What will happen? Is the state going to charge me with a felony?

The victim or the victim's parents don't have to "press charges". The state would charge you, whether someone "presses charges". But no, I don't believe you are guilty of a felony. Child Molestation 2nd, as I just concluded, is a misdemeanor.

AustinSanders
Oct 14, 2012, 06:03 PM
The victim or the victim's parents don't have to "press charges". The state would charge you, whether or not someone "presses charges". But no, I don't believe you are guilty of a felony. Child Molestation 2nd, as I just concluded, is a misdemeanor.

It was consensual, and we are planning on staying together and raising the child. Can they take the baby away? Kids younger then us are having babies, she's 16 in less than 2 months, I'm just confused as to why this would happen.. What, in your opinion, do you think the judge will do?

cdad
Oct 14, 2012, 06:03 PM
So we'd both be charged for child molestation 2nd? Cause i'm under 17 too.

You're the perp so you take the charges. Since you're the older of the parties then its up to you to be held responsible. Only one party will be charged and that party is you.

AustinSanders
Oct 14, 2012, 06:07 PM
Even if all of these things happen, will I still be able to see my child? The baby won't be taken from her, right?

cdad
Oct 14, 2012, 06:09 PM
Even if all of these things happen, will I still be able to see my child? The baby won't be taken from her, right?

We have no idea what your situation is like concerning the baby. Most likely the parents may take over the child and also get a restraining order against you to keep you away from their daughter. Then when your done with one court you can start filing in the other for visitation.

Also your going to be paying child support the whole time.

Alty
Oct 14, 2012, 06:10 PM
It was consensual, and we are planning on staying together and raising the child. Can they take the baby away? Kids younger then us are having babies, she's 16 in less than 2 months, I'm just confused as to why this would happen.. What, in your opinion, do you think the judge will do?

It doesn't matter if she consented, she's not legal to consent. Read Scott's post again. The legal age of consent is 17. She's not even 16.

You're confused why it would happen? It will happen because you broke the law.

We don't know what the judge will do, only the judge knows.

AK lawyer
Oct 14, 2012, 06:10 PM
... What, in your opinion, do you think the judge will do?

Follow the recommendation of the probation officer.

AustinSanders
Oct 14, 2012, 06:10 PM
We have no idea what your situation is like concerning the baby. Most likely the parents may take over the child and also get a restraining order against you to keep you away from their daughter. Then when your done with one court you can start filing in the other for visitation.

Also your going to be paying child support the whole time.

Her parents already know I'm already allowed to be around her

Alty
Oct 14, 2012, 06:13 PM
Her parents already know i'm already allowed to be around her

Wow, no wonder their daughter is pregnant, they let a horny 16 year old boy, that's already in trouble with the law, around their daughter, even after he molested her and got her pregnant. Way to go mom and dad (sarcasm). :(

The thing is, she'll have to give birth in a hospital, and in order to do that they'll need her info, which includes her age. It's not up to her horrible parents whether you're charged. It's up to the state.

AustinSanders
Oct 14, 2012, 06:19 PM
So by law, its molestation. I understand that. But morally, that doesn't make me stereotypical child molester or rapist or bad person because child molesters are bad people and you are correct I'm just a horny 16 year old boy like every other 16 year old boy on this planet. Also, her or her parents are not bad people and We've been dating for 3 years now and this is the only incident where this has happened.

Alty
Oct 14, 2012, 06:22 PM
So by law, its molestation. I understand that. But morally, that doesn't make her or her parents bad people and i'd appreciate it if you would act your age and be respectful. We've been dating for 3 years now and this is the only incident where this has happened. So excuse you and your rude manner.

You dated a 12 year old girl for 3 years, had sex with her, her parents allowed it, and still allow you, a guy that at the very least molested their daughter and is already on probation, to still be around her when you got her pregnant at 15, and I'm being rude?

LMAO! That's cute.

No need to excuse me, I got it right the first time. :)

AustinSanders
Oct 14, 2012, 06:24 PM
You helped me find the legal information I was looking for so now you may keep your rude comments to yourself and help someone else. Thank you and have a nice day.

ScottGem
Oct 14, 2012, 06:25 PM
As noted it doesn't matter whether it was consenual or not, since shewas not legally able to give consent.

And yes her parents could be in trouble ifthey knowingly allowed you to engage in sexual intercourse.

Whether the child will be taken away or not, we can't judge without knowing more. But given the fact that you are already in legal trouble, I wouldn't be surprised if your PO tries to keep you away.

AustinSanders
Oct 14, 2012, 06:27 PM
As noted it doesn't matter whether it was consenual or not, since shewas not legally able to give consent.

And yes her parents could be in trouble ifthey knowingly allowed you to engage in sexual intercourse.

Whether the child will be taken away or not, we can't judge without knowing more. But given the fact that you are already in legal trouble, I wouldn't be surprised if your PO tries to keep you away.

Her parents did not give us permission to engage in sexual intercourse, they just know that she is pregnant.

Alty
Oct 14, 2012, 06:32 PM
You helped me find the legal information I was looking for so now you may keep your rude comments to yourself and help someone else. Thank you and have a nice day.

I'm not being rude at all, I'm telling you the facts, you just don't want to hear them, which isn't surprising as you're only 16.

Fact is, you don't dictate who answers this thread. If I choose to continue posting, that's my right.

What you don't want to accept is that having sex with her wasn't legal. Her parents have no say in whether you'll be charged for getting a 15 year old girl pregnant. It's in the hands of the state now. That's the bottom line, and no matter how much you disagree, it's not up to you. The law is the law.

AustinSanders
Oct 14, 2012, 06:36 PM
I'm not denying it at all. I'm just asking you don't say rude things about her parents and not call me a molester because people that molest people are bad and I'm not a bad person.

Alty
Oct 14, 2012, 06:44 PM
I'm not denying it at all. I'm just asking you don't say rude things about her parents and not call me a molester because people that molest people are bad and I'm not a bad person.

I never said that you're a bad person, but, according to the law, you are a molester. Do you not realize that? No one on this thread said that you molested her, or raped her, that she didn't say yes to sex. But her saying yes doesn't matter. That's what you're not understanding. In the eyes of the law you are a molester, or a rapist. In the eyes of the law.

There are people that had consensual sex with an underage person, and they're on a sex offenders registry for the rest of their life, because legally what they did, it's rape. Did they physically rape someone, force someone to have sex? No. But, legally it's rape, because the person they had consensual sex with, wasn't legally old enough to consent to sex.

Let me put it this way. If the legal age to drive a car is 16, and you go drive a car when you're 14, without a license, even a learners permit, and you get caught, you broke the law. It doesn't matter if you know how to drive. It doesn't matter if your mom and dad gave you the keys to the car and told you to take it. The law is that you can't drive, so you'll be charged.

You got a 15 year old girl pregnant, and the legal age of consent for sex, where you live, is 17. Do the math. No one is going to believe that she got pregnant without having sex. So, you're on the hook, and they could throw the whole book at you, it's a grey area. At the very least you could be charged as a child molester, at the very worst you could be charged with statutory rape. That's what you're dealing with here.

If you find the truth to be rude, that's too bad. If you're charged, the judge will likely say far worse than anything I could ever say to you. So get used to it.

AK lawyer
Oct 14, 2012, 06:46 PM
I'm not denying it at all. I'm just asking you don't say rude things about her parents and not call me a molester because people that molest people are bad and I'm not a bad person.

And that is an excellent example of circular reasoning, and a logical fallacy.. (Molesters are bad; I'm not bad; so I am not a molester.) By your own admission, you are guilty of child molestation. That, by definition, makes you a child molester.

Alty
Oct 14, 2012, 06:51 PM
And that is an excellent example of circular reasoning, and a logical fallacy.. (Molesters are bad; I'm not bad; so I am not a molester.) By your own admission, you are guilty of child molestation. That, by definition, makes you a child molester.

True, but, that doesn't make him a bad person, it just means he made very bad decisions, which sadly will end up costing him for the rest of his life.

A bad person is someone that molests someone, or rapes someone, with malicious intent, without consent.

There is a distinction between a "legal" molester, and "molester".

I do understand what the OP is saying. He is a molester, because the girl he got pregnant isn't of legal age to have sex. But, he's not someone that willingly and maliciously molested a child, or raped someone.

Doesn't change the law, but, I do get what he's saying. I think we all do. Sadly that won't help him at all. He did the crime, even if he's not a bad person and didn't physically hurt this girl, it's still a crime. That's what he has to understand. In the eyes of the world, if he's convicted, he will be labeled a molester or a rapist, for the rest of his life.