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reymaloco · Jun 30, 2011, 10:05 PM

I have 16 years old nice got pregnant by 17 years old boy... what should I do to bring the boy to the court? Is this is a Rape no matter what?

kcomissiong · Jul 1, 2011, 09:16 AM

First, we need to know your location, as laws vary. What are you trying to bring him to court for. Did he indeed rape you?

ScottGem · Jul 1, 2011, 09:19 AM

If she was 16 when she got pregnant, then its unlikely he is guilty of statutory rape. Most states have 16 as the Age of Consent. Even where it is older, there is usually an exclusion when the parties are close in age.

We would have to know more about the situation to determine if any laws were broken.

Fr_Chuck · Jul 1, 2011, 10:00 AM

In almost no location is it a crime any longer. In the few that it is, it would only be a misdemeanor due to their close ages.

You could have the girls parents file a complaint with the police department

twinkiedooter · Jul 1, 2011, 01:14 PM

Make sure once the child is born that he is signed up to Court Ordered child support payments for 18 years.

reymaloco · Jul 2, 2011, 04:15 AM

Now they want for DNA, because they don't believed that there son is not the father of my nice future baby. They like to promise everything with out going to the court...

reymaloco · Jul 2, 2011, 04:16 AM

It is OK to go direct to the family court instead of going to police to file a report?

reymaloco · Jul 2, 2011, 04:18 AM

We are from NEW YORK and I don't know about the law of this kind of problem.they don't believe that her son is the real father... they want DNA after the baby born...

excon · Jul 2, 2011, 04:56 AM

Hello r:

Yes, go to family court the day the child is borne.. I wouldn't argue about them doing a DNA test as long as they PAY for it.

excon

ScottGem · Jul 2, 2011, 05:55 AM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Second, NYS' Age of consent is 17. But there are a lot of exceptions and it is complicated as to what level of offense the 17 yr old could be charged as. So her parents need to go to the local DA's office and report what happened. Whether they decide to prosecute or not is a question.

Third, regardless of that, has soon as the child is born, the mother files for child support and custody. If the father is denying it is his child, then the court will order a paternity test to establish paternity.

You go to Family Court.

Fr_Chuck · Jul 2, 2011, 09:23 AM

The issue here is that the boy does not have to claim to be the father and he may even believe he is not the father.

It is very common to have to ask the court for a DNA test to prove he is the father.

Next before you run off trying to throw the boy in jail ( which I doubt will happen anyway in NY). They were boyfriend and girlfriend, and dating. And they had sex. Happens a 100 thousand times a day in the US. So she got pregnant, most likely the idea to have sex was as much her choice as his.

So you throw him in jail, now he can almost never get a good job, so for the next 18 years he can not pay good child support.