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    Lauren789's Avatar
    Lauren789 Posts: 2, Reputation: 1
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    #1

    Nov 16, 2007, 05:23 AM
    Could I be charged for statutory rape?
    Hello my name is Lauren

    Here's the story when I was 16 I met a boy who was 15 and after we have been dating we started having sex. Now I am 17 and 4 1/2 months pregnant with his baby which was the last time we had intercourse and it was 2 weeks before his 16th b-day we have been in a relationship for a year and his parents have known about it. Actually they have known that we have been having sex since march of 07 and it now being Nov. of 07. They have been threatening me with this charge for the last 8 months if I didn't do what they said. Now since I called the police on his step-father for domestic violence they didn't like that so now they are pressing charges against me for statutory rape and keeping their son away from me and his unborn child when that's not what he wants! They just said that they pressed charges I never got anything in the mail or a visit from the cops.

    All I'm wondering is that in the state of Michigan what are there laws on this and do you think I will be found guilty? I'm really scared I've never been in trouble with the law and I don't want to go to jail!
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #2

    Nov 16, 2007, 05:36 AM
    It is very possible that you could be in trouble. In Michigan the age of consent is 16. Since this boy was not 16 at the time it could place you in a precarious position.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 16, 2007, 06:16 AM
    How long ago did they claim they were pressing charges? I would think the police would act fairly quickly on this so if you haven't heard from them,they may just be blowing smoke.

    However, that doesn't let you out of the woods. When you fill in the birth certificate the hospital could report it. I would strongly suggest you consult an attorney on this.
    K_2's Avatar
    K_2 Posts: 92, Reputation: 5
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    #4

    Nov 16, 2007, 06:38 AM
    Here is a link to Michigan laws.


    Michigan Legislature
    Lauren789's Avatar
    Lauren789 Posts: 2, Reputation: 1
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    #5

    Nov 16, 2007, 07:42 AM
    Thank you for the link I read everything and the only thing that really applied to me was letter (a) but I am not 5 years older than him... Could someone explain it to me a little better in case I am missing something.. I called a lawyers office this morning in my area and he said that it was highly unlikely for them to charge me then he wanted $500 dollars for a consultation.



    750.520e Criminal sexual conduct in the fourth degree; misdemeanor.

    Sec. 520e.

    (1) A person is guilty of criminal sexual conduct in the fourth degree if he or she engages in sexual contact with another person and if any of the following circumstances exist:

    (a) That other person is at least 13 years of age but less than 16 years of age, and the actor is 5 or more years older than that other person.

    (b) Force or coercion is used to accomplish the sexual contact. Force or coercion includes, but is not limited to, any of the following circumstances:

    (I) When the actor overcomes the victim through the actual application of physical force or physical violence.

    (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute that threat.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 16, 2007, 07:53 AM
    I read the law the same way you did. Since the boy was between 13 and 16 and since I assume you were not in a position of authority over him or coerced him in any way, then you don't meet the criteria for statutory rape. If his parents did try to press charges, that's probably what the police or prosecutor told them and why you haven't been visited by the cops.

    That being said, the boy is still a minor. That means his parents have the right to keep him from you. They might even be able to take custody of the child from you. So you need to very careful about how you deal with them.

    I would suggest you wait until the father is 18 when he can do what he wants.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Nov 16, 2007, 07:56 AM
    Hello Lauren:

    I DON'T think you can or will be charged.

    I DO think you need a lawyer to deal with his parents.

    excon
    MOMOF3SWEETHEARTS's Avatar
    MOMOF3SWEETHEARTS Posts: 6, Reputation: 1
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    #8

    Nov 16, 2007, 09:59 AM
    Lauren hi my brother was in a deal like yours he was 16 and the girl was 15 they were only a few months apart well she got pregneat and the parents then decided they did not want my brother to see her anymore well they file charges on him and the judge dismissed them because they were not 5 or more years apart hope this helps good luck with your baby
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Nov 16, 2007, 10:33 AM
    Quote Originally Posted by excon
    Hello Lauren:

    I DON'T think you can or will be charged.

    I DO think you need a lawyer to deal with his parents.

    excon

    I also think you need an Attorney to protect yourself and the baby when it is born - you need legal advice.

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