my son's ex girl friend just had a baby. we want to prove paterinity. if we ask for this will she be charged for having sex with a minor. we have no desire to press charges. we just want to know if the baby is his.
Assuming your Son was 14th years or older when the sex occurred no she could not be charged with statutory rape. If he was under 14 then yes she could be charged with statutory rape 1st. I have copied and pasted the stat rape 2nd statue below.
There may be other charges that could be filed depending on communications and the age of your son such child porn if they took nude photos of your son. As a guess I don't think that a civil case for paternity will result in charges against her but to say for certain I would have to know a great deal more information.
You should speak to an attorney about the paternity matter. You could also consider just having a DNA test done privately if she will consent. If all you are interested in is knowing there does not have to be a case brought just some cheek swabbing...
566.034. 1. 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.
2. Statutory rape in the second degree is a class C felony.
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I have seen a very similar scenario where the older teenager was charged with second degree child molestation.
566.068. 1. A person commits the crime of child molestation in the second degree if he or she subjects another person who is less than seventeen years of age to sexual contact.
2. Child molestation in the second degree is a class A misdemeanor unless the actor has previously been convicted of an offense under this chapter or in the course thereof the actor inflicts serious physical injury on any person, displays a deadly weapon or dangerous instrument in a threatening manner, or the offense is committed as part of a ritual or ceremony, in which case the crime is a class D felony.
Get a DNA test using a private company. Around KC they're $250 or so.
Always consult a local attorney before acting on any legal opinions or advice you find here, or on the internet, generally.
Medical professionals are mandated reporters and the conduct would at a minimum be child molestation and if convicted would require sex offender registry.
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