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afritz16 · Mar 15, 2013, 02:56 PM

What can I do to keep seeing her I really do love her with all my heart we been together for a year she said she wanted a baby with me so I said OK I would love to she's pregnant how can I keep seeing her her mom won't let me

Alty · Mar 15, 2013, 02:59 PM

She's 15, what her mom says goes. Don't push it, you're 16, she's not. Depending on where you live, you could be charged with statutory rape. It doesn't matter if she said yes, she's not old enough to agree to sex, and you obviously had sex, since she's pregnant with your child.

tickle · Mar 15, 2013, 03:00 PM

Her mom should have been more diligent before she got pregnant, and you both would not be in this situation now. Or, and you are going to hear a lot of this now, you should have known better, now both of you have a baby to support and care for the rest of your lives.

Get a job now for the diapers and everything else including doctor visits; so you won't have to let her mom buy them.

Alty · Mar 15, 2013, 03:01 PM

Originally Posted by tickle

Her mom should have been more diligent before she got pregnant,, and you both would not be in this situation now. Or, and you are going to hear a lot of this now, you should have known better, now both of you have a baby to support and care for the rest of your lives.

Get a job now for the diapers so you wont have to let her mom buy them.

He may not have the chance to get a job and pay for diapers. Jail doesn't usually pay. Just saying.

tickle · Mar 15, 2013, 03:02 PM

Depending on where they live; both minors, so this changes the whole picture of him going to jail, I think. But, mom has to lay charges.

afritz16 · Mar 15, 2013, 03:02 PM

How long would I be in jail for stachatory rape ?

afritz16 · Mar 15, 2013, 03:03 PM

I live in Kentucky

Alty · Mar 15, 2013, 03:06 PM

The age of consent in Kentucky is 16. Kentucky Revised Statutes Section 510.020 deems a person unable to consent if he or she is less than 16 years old.

In addition to the basic law regarding consent, the KRS has additional consent laws covering a variety of other situations:

Under KRS 510.110(1)(d), it is "sexual abuse in the first degree" for "a person in a position of authority or position of special trust" (as defined in KRS 532.045, including but not limited to parents, stepparents, foster parents, teachers, coaches, corrections personnel, religious leaders, and employers) to:
Engage in sexual conduct with a person under 18, if the minor came into contact with the adult as a result of the adult's special position,
Masturbate in the presence of said person under 18, or
Masturbate while communicating by telephone, Internet, or other electronic means with any person known by the adult to be under 16 (regardless of whether the actor's position brought him or her into contact with the minor), and the minor can see or hear the adult masturbate.
Under KRS 510.110(1)(c), the actions stated above (without the qualification of "position of authority... or special trust") are also "sexual abuse in the first degree" when performed by anyone 21 or older if the other person is under 16.

Sexual abuse in the first degree is a Class D felony if the victim is 12 to 17 years old, and a Class C felony if the victim is under 12.

Under KRS 510.120, it is "sexual abuse in the second degree," a Class A misdemeanor, for:
A person at least 18 but under 21 to subject a person under age 16 to sexual conduct (510.120(1)(b)), or
Personnel of correctional, juvenile justice, and detention facilities to engage in sexual conduct with adults (at least 18) who are under the supervision of an included facility (510.120(1)(c)).

However, KRS 510.120(2) provides a defense to prosecutions under 510.120(1)(b) for sexual abuse in the second degree if the "victim" is at least 14 and the actor is less than 5 years older. Similarly, it is a defense to the Class B misdemeanor of "sexual abuse in the third degree" (KRS 510.130), defined as subjecting another person to non-consensual sex, if the lack of consent was due solely to incapacity by age, the "victim" is 14 or 15 years old, and the actor is under 18.

Ages of consent in North America - Wikipedia, the free encyclopedia

afritz16 · Mar 15, 2013, 03:17 PM

So I would get sent off or in jail right

afritz16 · Mar 15, 2013, 03:25 PM

How long would I get sent off and would they be a way that I could have say so or my girlfriend??

Alty · Mar 15, 2013, 03:26 PM

Originally Posted by afritz16

so I would get sent off or in jail right

If the mother presses charges, you could be in trouble. That's why I told you not to push seeing her. She's 15, you're 16. You can consent to sex, she can't. If you push, then mom may go on her computer and find out what her rights are, which could land you in a heap of trouble.

That doesn't mean that the baby isn't your responsibility. It still is. So, at 16, how are you going to support a child? Can you afford to pay the hospital fees, diapers, food, clothing, crib, high chair, car seat, stroller, doctors visits, education, and everything else? The doctors bill for delivery will be a minimum of $12,000. That's if nothing goes wrong. At 15, chances aren't great that she'll have a risk free pregnancy or delivery, so it will probably cost a lot more than $12,000. Who's paying for that?

Alty · Mar 15, 2013, 03:28 PM

Originally Posted by afritz16

How long would I get sent off and would they be a way that I could have say so or my girlfriend??

There's no way to answer how long you'd be in jail, or if you'd even do jail time. It depends on the judge. You would be labeled a sex offender for the rest of your life, and you'd have to register as a sex offender every year.

would they be a way that I could have say so or my girlfriend?

Say so about what?

afritz16 · Mar 15, 2013, 03:29 PM

What kind of trouble would I be in would I go to jail and if so how long ?

afritz16 · Mar 15, 2013, 03:31 PM

So I couldn't do nothing at all my girlfriend couldn't tell the judge it was her decision not mine they would be no way out of it

ScottGem · Mar 15, 2013, 03:35 PM

Depends on how hard her parents pursue things. Because there is less than a 5 yr difference you might even be able to avoid a conviction.

The only way you can continue to see your girlfriend is to convince her parents that you will love AND support her. But since you are only 16, that is not going to be easy. You may have to wait until she is 18 before you can have any contact with her.

She is an immature girl for wanting to get pregnant at her age and you are an immature boy to let her talk you into it. You are both going to be paying for that mistake for years to come. The odds of your relationship surviving this stupidity is very slim.

ScottGem · Mar 15, 2013, 03:37 PM

Originally Posted by afritz16

so I couldn't do nothing at all my girlfriend couldn't tell the judge it was her decision not mine they would be no way out of it

No, since you should have known better. Because she was under the age of consent, she was legally incapable of giving consent. A judge wouldn't even listen to her that it was her idea.

Alty · Mar 15, 2013, 03:40 PM

Originally Posted by afritz16

so I couldn't do nothing at all my girlfriend couldn't tell the judge it was her decision not mine they would be no way out of it

Here's the thing. The law says she's not old enough to say yes. So her saying that she agreed to have sex, means nothing. She's not legally allowed to say yes.

That's what statutory rape is. It means having sex with someone that cannot legally consent to having sex.

AK lawyer · Mar 16, 2013, 06:44 AM

Originally Posted by Alty

....
...

However, KRS 510.120(2) provides a defense to prosecutions under 510.120(1)(b) for sexual abuse in the second degree if the "victim" is at least 14 and the actor is less than 5 years older. Similarly, it is a defense to the Class B misdemeanor of "sexual abuse in the third degree" (KRS 510.130), defined as subjecting another person to non-consensual sex, if the lack of consent was due solely to incapacity by age, the "victim" is 14 or 15 years old, and the actor is under 18.

Ages of consent in North America - Wikipedia, the free encyclopedia

Originally Posted by afritz16

what kind of trouble would I be in would I go to jail and if so how long ?

I believe that the information previously given you by Alty suggests that you probably can't be charged with a crime. A "close-in-age" exception appears to apply.

ScottGem · Mar 16, 2013, 06:51 AM

Originally Posted by AK lawyer

I believe that the information previously given you by Alty suggests that you probably can't be charged with a crime. A "close-in-age" exception appears to apply.

I disagree. The law says there is a "defense to prosecutions". I interpret that to mean that the perp can use that as their defense in a criminal action, not that it means they can avoid being charged or even avoid prosecution. Now a prosecutor might decline to prosecute because they feel they might lose, but I think the wording leaves the decision to a judge or jury, not the prosecutor.

AK lawyer · Mar 16, 2013, 09:49 AM

Originally Posted by ScottGem

I disagree. The law says there is a "defense to prosecutions". I interpret that to mean that the perp can use that as their defense in a criminal action, not that it means they can avoid being charged or even avoid prosecution. Now a prosecutor might decline to prosecute because they feel they might lose, but I think the wording leaves the decision to a judge or jury, not the prosecutor.

You are trying to split hairs, incorrectly at that.

A defense means that it would be improper to prosecute, because a crime has not been committed.

Same as killing someone in self-defense. Self-defense is a "defense"; meaning that if the facts proving that the "defense" applies are clearly established, no crime has been committed.