Is there anything my friend can do?
My friend who is eighteen had a child with a girl who was 16. Nothing ever happened with regard to a statutory rape prosecution. My friend's former girlfriend refuses to let him see the kid. He has considered legal action, but the girl's mother threatens to bring charges against him regarding the girl's being underage, if he sues for visitation rights. Is there anything he can do or should he just keep quiet and pray charges are not ever brought against him?
This is in the state of Illinois
The case is with-in statue of limitations regarding prosecution.
Answers:
The age-of-consent in Illinois is 17 but sex with a person over 13 where the other is less than 5 years older is a class A misdemenor on a first offense.
There are a lot of questions there about if the boyfriend could be charged with multiple offenses. The penalty becomes greater for each offense.
Illinois is a mandatory reporting state , so a Doctor who treated the girl for her pregnancy MUST have reported the statutory rape so it seems likely the district attorney will have to decide to prosecute.
I can only suggest consult a lawyer.
The girl legally cannot consent to sex if she is under 17. Even if she wants to have sex she has no legal right to consent and sex with her is a crime.
I think this has more to do with your friend paying no child support than it does seeing the kid. I don't know the law in Illinois and if he waits two years until the girl is 18 what will happen. The proof is there when the kid is over 2 that he had sex with an underage girl. I think your friend should spend a few bucks and talk with a lawyer to find out his rights.
Ask a lawyer or district attorney in your state.
Tell him to Wait till the chick turns 18 then take her to court for visitation rights. He'll be ordered to pay child support but will be allowed to see his kid. Statues of limitations for statutory rape will have expired by the time she's 18
ILLINOIS 17
Illinois law makes 18 the minimum age at which teachers and their students
may legally have sex. Age 17 does not apply to teachers or any other school
employee in a "position of authority" over the minor.
http://www.actwin.com/eatonohio/gay/cons...
However, you may want to talk with a Sherriff or somethin... even though the age is 17, she was 16.. and will she agree with her parents that it wasnt consensual? ... Somehow, I know theres a loophole around this, I just can't think of where... Hope it gets better for you.. she should be glad that you want to be a part of the childs life.. more than you can say for most fathers.
My first question is...was his name put on the birth certificate?? If it was, he should have rights about seeing the child. If he is not listed...then there will be a bigger chance for him to get into trouble for the statutory rape, because he will be opeing up a can of worms. Let's say that he is one the certificate, he should be able to take legal action to see and be in the child's life but then he will probably also have to partially support the child. The rape this, I don't feel would be that important, because if it was, it would've already come to light. He can also state in court that the girl's mother said she would bring about this statutory rape thing only if went after being in the childs life. Good luck!! (next time tell him to wear a raincoat)
Yes, there is alot they he can do. In alot of states the consenting age is 16 now. Was your friend 17 when the girl became pregnant? If yes, then there is no crime done because they were both under age to begin with and the mother cannot do anything either. Yes, he can get visitation if he wants to pay the child support and all that is required. Also if the girl consented, which in this case there seems to have been no report of rape, then you friend should have no problems.
If he's up to date on his child support payments to the Mom, I don't see why he should not be able to see the kid.
He needs to consult a lawyer concerning his rights. I don't no what the age of consent is in Ill. I'd fight for my kid no matter what happened to me. I have no respect for anyone that can walk away from their kids and I'd like to see the son of a ***** that could keep my kids from me.
I hope he got a really good piece of ### because he's sure paying for it now!
Joseph -
i certainly feel for your friend. yes he has rights.
first - have him get a copy of the birth certificate. Is his name on there? if so (good start)
second- he needs (really) an attorney. If he cannot afford one have him look in the yellow pages under attorneys and look for one who specifically respresent fathers or maybe even legal aide society.
third-when he goes to court make sure it is visitation as well as child support that he wants to partake in. this will show the judge that he is responsible and even if the mother soes attempt to bring charges...she will be laughed out of court. here you have an 18yrold who is willing to do even more than some 30 yr olds.
tell your friend to go for it...stay in the childs life when the court order comes through.
tell him there is nothing like having a child! nothing in the world.
good luck :)
if the state made it illegal, the state should pay the child support, then maybe when its not cost effective they will stop persecuting people for stupid sh*t
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