She is really worried because she dosnt want her boyfriend to go to jail because she wasnt force to have sex with him. Her parents know about the pregnacy and want the dad of the child to be responsible. She lives in kentucky. She is 3 months pregnant And wants to keep the baby. Can they take the baby from her?
Criminal Defense Attorney
Generally so long as she provides food, shelter, security, and she is not addicted to drugs, then they will not take the child. I assume that she lives with her parents who have custody of her. This is not statutory rape, however may comply with the following statute. This is rarely charged. The father will have to pay child support.
510.130 Sexual abuse in the third degree.
(1) A person is guilty of sexual abuse in the third degree when he or she subjects
another person to sexual contact without the latter's consent.
(2) In any prosecution under this section, it is a defense that:
(a) The other person's lack of consent was due solely to incapacity to consent by
reason of being less than sixteen (16) years old; and
(b) The other person was at least fourteen (14) years old; and
(c) The actor was less than eighteen (18) years old.
(3) Sexual abuse in the third degree is a Class B misdemeanor
Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.