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angelfan · Feb 16, 2011, 08:41 PM

My husband is the father of a ten year old little girl, whom he had with a woman who was apparently 12 years younger than him. They met at a 21 and over club, and she had what looked like a valid I.D. stating she was 21 at the time. My husband and her dated for a while and managed to conceived a child. At the child's birth it was discovered that she was only 17 at the time, and turned 18 shortly after the baby was born. This new found information was a big shock to my husband who was 28 at the time. They did stay together for the first 3 years after the baby was born. Since the child's birth, my husband has been fully responsible for 100% of his daughters expenses. When they split up for good they agreed to share 50/50 custody of the child and my husband pays $200-$300 a month to her mother. For the ten years of my daughters life, her mother has been a rollercoaster of drama from drug and alcohol abuse to you name it. We have been married for almost 4 years, and she is now threatening my husband with having him arrested for statutory rape, because she claims she was only 17 when his daughter was born. Is is even possible at this point?

AK lawyer · Feb 16, 2011, 09:02 PM

The age of consent is 16 in many places, but varies from state to state. Equally variable is the statute of limitations for prosecution of such offenses.

I don't think prosecution is a realistic probablility at this point, but a complete answer requires us to know the state where the sexual activity took place.

Fr_Chuck · Feb 16, 2011, 09:43 PM

It is very unlikely that any DA would do anything at this point and time. But there is nothing you can do, except just call her bluff and say well call them.

Also it does not matter why he thought she was older, just her being underage is all that matters, so where they meet, fake ID ( which can't be proved now anyway) is really not part of the issue now.

What you did not say.

Is he on the birth certificate, on the birth certificate what age is listed for mom ? So doctors or no one reported him of a crime.

Next what is the official court ordered status, who has custody, is the custody still 50/50 though a court order.
What is the child support order from the court ?

You say he is paying and has been this custody, but is it a court ordered support, since 200 to 300 is so low, that is the amount of someone unemployed or making min wage would be paying a month. So that is why I ask if it is actually court ordered