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If an 18 year old gets a 16 year old pregnant in Virginia is it certain that he will get in trouble?

Danville, VA |
Filed under: Marriage and prenups

The girl has no wish for him to be in trouble and actually wants to marry him and he wants tohep with the child. She is also seeking emancipation because of emotional abuse and her pregnancy which her parents must not know about for her own good. Here mother will not consent to marriage. What advice can you give?

Attorney Answers 2


First, chat wtih a local criminal defense attorney about the statutory rape laws and age of consent, there are also specifics with how old you are compared to how old she is that may or may not be an issue, second work with a local attny and discuss your options. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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She will need to seek an attorney to look into emancipation.

It is a misdemeanor for an adult to have sex with someone under the age of 18. Here is the relevant code section:

§ 18.2-371. Causing or encouraging acts rendering children delinquent, abused, etc.; penalty; abandoned infant.

Any person 18 years of age or older, including the parent of any child, who [. . . ] (ii) engages in consensual sexual intercourse with a child 15 or older not his spouse, child, or grandchild, shall be guilty of a Class 1 misdemeanor. This section shall not be construed as repealing, modifying, or in any way affecting §§ 18.2-18, 18.2-19, 18.2-61, 18.2-63, and 18.2-347.

Please note that this response is based upon the limited information available in the question. In addition, it is not intended to create an attorney/client relationship and is offered only as general information and not as legal advice.

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Is it garunteed that charges will be pursued If the two try to seek medical care for the child? Is there a chance that they will be allowed to marry without consent since she is pregnant?

Victoria Lee Allen

Victoria Lee Allen


As I stated, she will need to seek emancipation. She may not marry without the consent of a parent unless she is emancipated. There is no guarantee that charges will be brought - ever, for any crime. However, you indicate that the parents must not know about the pregnancy. That should be your answer. Your girlfriend is an un-emancipated minor. Her parents could bring charges.

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