Statutory Rape??? 18 when child is born and sex was consensual, is filing charges necessary?

Asked over 5 years ago - Los Angeles, CA

Is it considered statutory rape if a minor gets impregnated by an older man, but delivers the child after she turns 18? Is that the father can sign the birth certificate without being charged with rape? If they don't put the father's information on the birth certificate, can the child still take the last name? And can the father's information be added on the birth certificate in the future?

Attorney answers (3)

  1. Judith Ann Routledge

    Contributor Level 13

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    Answered . This is not my area of expertise but my understanding is that unless someone actually files a complaint, the police don't check all births to see if the mother was under 18 years of age nine months prior, and then take it upon themselves to charge such fathers with statutory rape; however, if there is any doubt whatsoever as to the possibility of mom, her family, or anyone filing a complaint at any time in the future, then the father should take Okorie's advice and see a criminal attorney. Call Okorie - by looking up his profile on this site - he is good guy! Keep in mind that the mother can still file a paternity action to identify father as legal father. And mother is free to choose any name for the child to be placed on the birth certificate.

  2. Okorie Okorocha

    Contributor Level 19

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    Lawyer agrees

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    Answered . Yes, still statutory rape. Could be a felony. Could have to register as a sex offender for life. The male needs an attorney.

  3. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . It is the age of the minor at the time of the sexual act, not their age at the time of the birth of the child that matters. If either party was under 18, the crime of "statutory rape" (more correctly "Unlawful Sexual Intercourse with a Minor - Penal Code section 261.5) is complete.

    Because health care workers are mandated reporters under the law, they are supposed to file a notice of sexual abuse with law enforcement if they are made aware of any sexual abuse, so the fact that intercourse took place when the girl was under 17, it may lead to an investigation.

    Statutory rape is NOT an offense that requires registration as a sex offender. More information can be found at the link below:

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