I am 16 and my boyfriend is 18 but he turns 19 this year but if I got pregnant by him my dad says he will get him charged with rape. What proof would he have to be able to charge him? Like how would they know he's the father or that we even had sex? They can't prove that can they?
Prove what that you are pregnant? The age of consent is below your age but you are still a minor (and I'm guessing that you are not emancipated). At 18 your boyfriend isn't a minor anymore. There is a lot more in your question than can be answered in a short area but the short answer is yes; he can be charged with rape, contributing to delinquency of minor and other charges as well.
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If you are already pregnant and at the time of conception you were under 16, then yes, he can be charged with Stat. Rape.
The pregnancy would be all the proof needed. How can they prove he's the father? How many guys are you having sex with at 16? A DNA test would prove the father's identity.
San Diego Criminal Defense Attorney--20 years experience
I believe, and my colleagues will correct me if I am wrong, that this would fall under Georgia's "Romeo and Juliet" provision and that this would be a misdemeanor statutory rape anyway. How about not getting pregnant at 16 years old and then your dad will be less angry. And, of course they will be able to prove paternity, through a DNA test. Don't let this get to that point.
If he has sex with you while you're 16 this is not statutory rape. However, your parents can have him charged with contributing to the delinquency of a minor, and custodial interference. Both of these are misdemeanors.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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