We live in missouri. We've been engaged for 3 months and just found out that i'm 5 weeks pregnant. He lives with me and my mom gives her consent 100%. But will he still get into trouble? The law says that since i'm not 17, it's statutory rape but my mom gives consent and we've been together for over two years.
Under Section 566.034, RSMo, "A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age."
Further, under Section 566.023, RSMo, "It shall be an affirmative defense to prosecutions pursuant to sections 566.032, 566.034, 566.062, 566.064, 566.068, and 566.090 that the defendant was married to the victim at the time of the offense." This means that the fact that you are engaged is not an affirmative defense.
Part of the reason statutory rape is a crime is because the victim is under the age of consent, which means 1) that the victim cannot legally consent and 2) a parent cannot consent on the victim's behalf. His intent is irrelevant, your consent is irrelevant, and your mother's opinion is irrelevant. Legally speaking, it's a crime.
That said, prosecutors have enormous discretion in determining whether to file charges. The typical process is that someone has to get the ball rolling by filing a report with the police. The police would take the initial report and assign, likely, a sex crimes investigator to the case. That investigator would take statements, collect evidence if necessary, etc. Once completed, the investigator would forward his report to the prosecuting attorney's office. There, a prosecutor would have to determine that it is worth the expenditure of state resources, i.e. money, manpower, time, etc. to imprison a father-to-be where the father is the youngest age possible under the statute and you are the oldest age possible under the statute. In your case, this sounds like an abject waste of time.
In short, yes, he could get into trouble, but it sounds like a lot would have to happen to get worried about that.
The answer to this question is not intended to be construed as legal advice. Nothing in this answer creates an attorney/client relationship. I do not represent you. If you wish to consult me regarding representation, please visit my website at www.blfattorney.com
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