Satatuory rape?
best friend is 16 her boyfriend is 18. having a child together. can he still get put behind the bars. in their tradition their married. but they did not get married American way. It was an Asian way. Explain.
Answers:
It depends on the state but I'm pretty sure, if they are married, that their parents don't care and in that case I don't think they can get in trouble, plus culture would probably be an excuse to get him off if there was ever a question.
more info is needed here
Olny if the parents press chareges cause where i live if ur more than 5 years apart ur in trouble but if ur under that its up to parents
Depending on what state they live in, the boyfriend could be in big trouble even if the girl's family doesn't want the case prosecuted, especially since he got the girl pregnant.
In California, statutory rape is called "unlawful sexual intercourse" and as of 1993, it became an act which protects young males as well as females. More specifically, the law reads that unlawful sexual intercourse "is an act of sexual intercourse with a person who is not the spouse of the perpetrator, if the person is a minor ..." A minor is a person under the age of 18.. "
A person who engages in unlawful sexual intercourse with a minor and is not more than three years older than the minor is guilty of a misdemeanor .If, however, the perpetrator is more than three years older than the minor, he may be found guilty of a felony/misdemeanor punishable by imprisonment in county jail or state prison for not more than one year. Also, a person who is over 21 years of age and engages in sex with someone under the age of 16 can be put in state prison for two to four years.
In general, there are no excuses or defenses for statutory rape in California. California also does not require that the person involved be chaste (a virgin) prior to having sex with the defendant. s8 California will, however, reduce the charges, dismiss a case, or allow for an acquittal when and if it appears that the underage person presented herself as someone who was 18 years old or older, or if the minor was involved in activities which would lead the defendant to reasonably believe that she was "of age," if, for example, she was drinking in a bar or enrolled in college.
I believe that 16 is legal with parental consent in many states. So I think it depends on the circumstances. If they are legally married or emancipated it doesn't matter.
If the marriage was made and forced through her parents, then no. More than likely this wont be held up in court. Only if her parents or guardians press charges. But more than likely no. Also depends what state you are in. Most statutory rape limits are age 18, however there are quite a few states that are 16 and 17. so no.
So their tradition is in conflict with the US laws. That's tough, but those under aged, or statutory rape charges will be very hard to defend against. Unless they plan on arguing their case in court I would tell them to wait. 2 years is worth the wait. It will save so much trouble. I think he probably will be put behind bars if someone finds out and decide to tell police.
Does it matter if she get emancipated legally?
Yea, I would check to see if it makes any difference if she get emancipated by the court.
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