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Minor got pregnant by adult. Is there any way to get around it?
Anonymous2 views3 answers
We have a 4 year age difference. He's happy and wants to help me raise the baby. My parents are okay with it. Is there any way we could get around it at the doctors? Like, could we just say he's a close friend and that I got pregnant by some random guy at a party? Is it okay if he signs the birth certificate or cut the umblical cord? Thanks.
Ian Michael WallachCriminal Defense AttorneyVenice, CACA licensed ·
I think you may have posted this question earlier, or someone else did who shares your frightening situation. He should consult a lawyer who can advise him on what documents to sign. He should also be in school, and have a job, and be putting money together for you and the baby, in hopes that this will make a prosecutor not want to pursue him. Be careful about blaming someone else because in California, believe it or not, even consensual sex among minors is a misdemeanor (which means the guy you put the blame on could get in trouble). Most importantly, though -- you need to stay in school and prep for college. It will be so hard until college is over. But then you two will have so many opportunities to go and be wherever and whatever you want. I'm so sorry you are dealing with this. But your future will be ok.
David Jon PullmanCriminal Defense AttorneySan Rafael, CA ·
I can't really agree with the above attorney's attempt to tell you how to live your life, when you asked for legal advice.
Legally speaking, I would advise you and him to both keep your mouths shut about who the father is or at least about what his age is. Situations like this do not normally result in criminal prosecutions, but it is best to play it safe. If you are interested in having him participate in all stages of the birth, then perhaps you should sit down with an attorney and discuss your options and get your story straight.
Doctors are primarily concerned with doing their jobs and not getting people in trouble with the law. They are only required to report statutory rape when the adult is over 21 and the minor is under 16. Otherwise, if they reveal information that you provide to them, they are in violation of doctor/patient confidentiality and can be sued. They cannot testify in court as to what you told them in confidence.
Additionally, just because someone is the biological father of your child, does not prove that you had sex. You may have artificially inseminated yourself with his semen. Moreover, just because he signs the birth certificate as the father or cuts the umbilical cord, does not mean he is the biological father or that he had sex with you.
To play it safe, you should keep the information of who the father is and what his age is to yourself. It is even more important that he not say anything, because his statements can be used against him in court and yours cannot, unless you personally testify against him. The statute of limitations for this is three years, from the date of the sex. So, two years and three months after the birth, you can shout it out to everyone in the world that he is the father and you two had sex and he can't be penalized.
In actuality, if you two are together and raising the baby together and your parents are on board, it is very unlikely that you would find a prosecutor who is jerk enough to screw up your family by charging him with statutory rape and, even if a prosecutor did, it is very unlikely that you would find a jury that would convict him. Good luck to you and your family.
I generally agree with Mr. Pullman. However, my prior experience and the current legal gossip, would cause one to believe that Stanislaus county does have jerk prosecutors.
If legal advice is sought, both of you should have separate counsel. An issue to explore is the possibility of prosecution where you are married. I do not know your ages and cannot discern them from your post.
If the events leading to your pregnancy [sex in your home with the knowledge of your parents] they could also be charged.