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If im 15 and pregnant and my boyfriend is 16 could he go to jail?

Jenison, MI |

We live in michigan and I really don't want him to go to jail. Does it make a difference because I'm pregnant? I turn 16 in october and he turns 17 in november (idk it that makes a difference) but the sex was consented not rape at all! Please help!

Attorney Answers 3

  1. Best answer

    Unfortunately, sex with someone under 16, even if voluntary, constitutes third degree criminal sexual conduct, even if with consent. The maximum penalty, for a first time offender, is 10 to 15 years in prison, though sentencing guidelines would usually call for a lower sentence, like 2 to 15 or 3 to 15. There are other bad consequences arising from having a criminal record for a sex crime. You should try to keep quiet about this whole thing if you do not want him to get into big, big trouble. Unfortunately, since you are pregnant, the whole matter will be difficult to hide, but you can still insist that you do not know who is the father, and that you would rather not explain further because it is embarrassing. You have the right to remain silent about this, but if you are being pressed to speak about it, you may need to consult with an attorney who can help you stand up to the pressure.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.

  2. Because you are 15, you cannot legally consent to sex. This is statutory rape. He can be charged. However, new laws may help to keep him off the sex offender registry. He should seek counsel. Good luck.

  3. The fact that you are pregnant will certainly not prevent a prosecutor from charging CSC III in this case. It is a strict liability offense where only the age of the "victim" matters. However, depending on the jurisdiction, the prosecutor might be willing to deal.

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