I’m 15 and my boyfriend is 19. I will be 16 when I have the child and he will still be 19. We have been together for a year and am 12 weeks pregnant. Both of our families have known and approved of the relationship since it began, and the sex was completely consentual. My parents love my boyfriend and will not press charges. He swears he will be here for me and the baby no matter what and that he will provide for us. He has a well paying job bringing in about $600 per week and is getting a second job once the baby is here. He is already helping buy stuff for the baby and (if he isn’t busy working) will drop everything in an instant to get me food or to make me feel better when I’m nauseous. I just want my baby to have its father in its life, especially during its first years of life, and for him to not be put in jail. He has to be there to see the birth of his child and sign the papers, at least. He is even willing to move in and marry me. We are both trying to be mature about the situation and think things through.The thing is, if he does get in trouble with the law will they take this all into consideration and not put him in jail?
Alabama's statutory rape law is that a person over 18 cannot have sex with a person under 16. If he get arrested the court will not care about anything that he is doing, only what he has done. He will also be a registered sex offender.
This answer is for general information purposes only. This answer does not create an attorney-client relationship. Since this is a public forum, the information provided is not protected by the attorney-client privilege.
The advice given by my colleague from Maryland is correct. In the eyes of the law, the sex was not consensual because a 15 year cannot consent. Parents cannot give their approval. That is why is it statutory rape. The rape may not have been by violence, but it is rape in the eyes of the law. I wish you the best through this difficult situation.
Even though Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, it must be clear that any answers are based on limited information and particular circumstances may influence any direct advice. Any information is given strictly for guidance to seek independent legal advice.
I concur with both of my colleagues and their assessment. This is a very serious situation that can without question leave the father of your child in a tremendous amount of serious legal trouble. In Alabama, the law states that no one under the age of 16 is able to consent to sex, regardless of their level of maturity. This is a very serious legal matter for the 19 year old.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline