Can my boyfriend go to jail?
My boyfriend is 19 and I am 17 turning 18 in about 17 days. I am currently pregnant and my mom doesn't approve. She told me that if I leave when I'm 18 to live with my boyfriend, she is going to put my boyfriend in jail for getting me pregnant. She said it doesn't matter that I'll turn 18 so soon, I still got pregnant as a minor and she can still put him in jail. When I turn 18, and go to live with my boyfriend will my mom be able to put him in jail, or no?
4 attorney answers
You and your boyfriend need to consult with a criminal defense attorney in Florida. Laws vary state to state. It is not likely that he would be facing criminal charges for a statutory rape based on your ages. However, their could be charges such as corruption of a minor that need to be considered. I would not worry. This appears to be an attempt by your mother to control you once you turn 18. However, seek the answer from a local attorney regarding what you are facing.
At 16 you are legally able to consent to sex with an 18 year old, but there are other charges, such as contributing to the delinquency of a minor that prosecutors could charge your boyfriend with. While criminal charges that carry jail or possible, given the circumstances, it seems unlikely.
You mom may not like it but she cannot have your b/f arrested for having consensual sex with you..
In FL a 16 or 17 y/o can, legally / lawfully, consent to sexual relations with someone who is 23 or younger.
If you are younger than 16 then your consent, no matter how heartfelt, is legally insufficient and will not be a factor in an ensuing criminal prosecution. Similarly, if you are able to consent (if you are 16 or 17) but you have sexual relations with someone who is either 24 or older or younger than 16, then your consent is similarly legally insufficient and will not be a factor in an ensuing criminal prosecution.
That said (shy of falsely imprisoning or securing chastity equipment), while family cannot stop a minor who is legally capable of giving consent from doing so, the legal guardian of a minor can seek protection from the Court on the minor's behalf and against the minor's will in the form of a restraining order / injunction for protection.
If the Court believes that it is in the minor's best interests to issue the order of protection then it can lawfully preclude any contact, direct or indirect, between the minor and the up to 23 y/o sexual partner. Any violation of such a Court Order will result in immediate incarceration and an independent criminal prosecution.
Whether or not a Judge would issue such a stay away order (a permanent one anyhow) is subject to the minor being able to speak her/his mind, and, naturally such a course of action, if pursued, is likely to drive a significant wedge into any familial relationship.
I hope that I have been helpful in answering your question.
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