Hello... My boyfriend had a child with a girl, who at the time was 16 and he was 20, which lied about her age to him. He finds out after she is several months pregnant her real age but had already knew about her pregnancy and wanted to keep the child. He was able to see his child until the little boy was 3 years old. She then decided, when my boyfriend wouldn't give her the amount of money that she wanted, to not let him see his son. Since my boyfriend had never signed the birth certificate because her and her mother didn't allow him too, when e would attempt ot visit he would be threatened with the police. Two years later, after numerous attempts, my boyfriend finally makes the decision of letting her know he is hiring a lawyer and taking her to court to establish paternity . She then decides to threaten him with going to the police and charging him with statutory rape if he takes her to court. Can he still be charged with this?

What state are they in?
The statute of limitations for statutory rape vary
And
Some states it is legal for a 16 yr old to be with someone up to 4 yrs older

He will not get in trouble for establishing his rights, but if she was under age at the time, and the SOL is not over, he can be charged with rape.

We live in Florida..

Applicable FL statutes

794.021 Ignorance or belief as to victim's age no defense.--When, in this chapter, the criminality of conduct depends upon the victim's being below a certain specified age, ignorance of the age is no defense. Neither shall misrepresentation of age by such person nor a bona fide belief that such person is over the specified age be a defense.

794.05 Unlawful sexual activity with certain minors.--

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

To summarize: the age of consent is 16 if he was 20 (18 if he was over 24) - so he should be OK.

If the girl was 16 at the time she had the baby, she could have been 15 when he started having sex with her. If the baby was born less than 9 months after her 16th birthday, then they have proof of stautory rape.

If your friend hired an attorney he should be asking that attorney this question. My gut feeling is that the prosecutor will decline to prosecute the rape charge. Here you have a father trying to do right by his child, not some pedophile taking advantage of an underage child.

But a local attorney will know the players better than any of us. They will know the likelihood of prosecution in this case. There doesn't appear top be an SOL on this, however.

I do not think there is a case...
As Steve cited FL STATUTES it is sometimes true but... only if someone informs the police about it.

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Originally Posted by GV70

I do not think there is a case...
As Steve cited FL STATUTES it is sometimes true but ...only if someone informs the police about it.

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But that's the point, the mother and grandmother are threatening to go to the police if he tries to get his parental rights. There appears to be no SOL on statutory rape

Also, besides the statute Steve listed, 794.11 is pertinent.

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Originally Posted by ScottGem

But that's the point, the mother and grandmother are threatening to go to the police if he tries to get his parental rights. There appears to be no SOL on statutory rape

Also, besides the statute Steve listed, 794.11 is pertinent.

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Isn't there anything in the law about consensual sex with someone over a certain age?
It seems awful that this man is being held in limbo and essentially being blackmailed to prevent contact.
Its seems that he should have some legal recourse here as she can keep him from this child forever with the rape hanging over his head.At some point if the statute of limitations runs out then she may use the abandonment card to prevent contact.

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Originally Posted by artlady

Isn't there anything in the law about consensual sex with someone over a certain age?
It seems awful that this man is being held in limbo and essentially being blackmailed to prevent contact.
Its seems that he should have some legal recourse here as she can keep him from this child forever with the rape hanging over his head.At some point if the statute of limitations runs out then she may use the abandonment card to prevent contact.

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If a person is under the age of consent, then they cannot legally give consent. Based on statutes Steve listed, she can even admit that she lied about her age and agreed to have sex with him and he can still be convicted of statutory rape.

So, the key is when he began having sex with her. If she was 16 when he began and can prove it, then he's safe that way. But if she was under 16 then he's got a problem if they decide to prosecute.



The question here is whether the local prosecutor would prosecute. I don't think

The statute of limitations on statutory rape varies from state to state and depends on whether the crime is prosecuted as a misdemeanor or a felony. A misdemeanor is considered less serious than a felony and in most states it carries a shorter statute of limitations. Whether an incident of statutory rape is prosecuted as a misdemeanor or a felony often depends on the age difference between the two parties. For example, in California the statute of limitations on misdemeanor statutory rape is one year and is charged when the two people involved are less than three years apart in age at the time of the crime, if the two people are more than three years apart at the time of the crime the charge become a felony and the statute of limitations increases to three years.
Maybe steve will know about how it is decided in Fl.

According to the statutes I read (794.05 and 794.11), if she was under 16 when they started having sex then it's a felony and there is no SOL. If she was 16, then there was no rape.

Florida Statutes, Section 775.15 Time limitations; general time limitations; exceptions

(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.


(b) A prosecution for any other felony must be commenced within 3 years after it is committed.


(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.


(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.

(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

(4)

(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.

(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.

(c) If, however, an indictment or information has been filed within the time prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.

(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.

(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.

(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a "destructive device," as defined in s. 790.001, may be commenced within 10 years.

(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.

(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.

(10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed.

(11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed.

(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.

(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.

(13)

(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995, s. 800.04, or s. 826.04 is under the age of 18, the applicable period of limitation, if any, does not begin to run until the victim has reached the age of 18 or the violation is reported to a law enforcement agency or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the state attorney for the judicial circuit in which the alleged violation occurred. If the offense is a first or second degree felony violation of s. 794.011, and the offense is reported within 72 hours after its commission, the prosecution for such offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before December 31, 1984.

(b) If the offense is a first degree felony violation of s. 794.011 and the victim was under 18 years of age at the time the offense was committed, a prosecution of the offense may be commenced at any time. This paragraph applies to any such offense except an offense the prosecution of which would have been barred by subsection (2) on or before October 1, 2003.

(14) A prosecution for a first or second degree felony violation of s. 794.011, if the victim is 18 years of age or older at the time of the offense and the offense is reported to a law enforcement agency within 72 hours after commission of the offense, may be commenced at any time. If the offense is not reported within 72 hours after the commission of the offense, the prosecution must be commenced within the times prescribed in subsection (2).

(15)

(a) In addition to the times prescribed in this section, a prosecution for any of the following offenses may be commenced within 1 year after the date on which the identity of the accused is established, or should have been established by the exercise of due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused:

1. An offense of sexual battery under chapter 794.

2. A lewd or lascivious offense under s. 800.04 or s. 825.1025.

(b) This subsection applies to any offense that is not otherwise barred from prosecution on or after July 1, 2004.

Right, I saw that 13(a) is the applicable portion.

Maybe I did read it wrong, though. In reviewing I think its saying that the SOL would be 3 years, but starting from the earlier of when the mother turned 18 or when the crime was reported.

Its unclear how old the mother is now. So its possible the SOL has passed.

However, I go by my initial advice. Your boyfriend need to consult an attorney to make sure of where he stands.

... or both you and steve read the previous version of FS

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Originally Posted by GV70

...or both you and steve read the previous version of FS

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Doesn't change the fact that the age of consent is 16 and this might all be moot, depending on the date of conception and first contact.