Social Question

Unknown82's avatar

Is it legal for a 23 year old to have a baby with a 15 year old?

Asked by Unknown82 (228points) March 29th, 2011

My ex is 23 and he got a 15 year old pregnant… she is 16 now, but I was wondering if this was legal or if it made him legally a child molester of some sort… please help. I am trying to figure this out for a custody battle! Thank you!!

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24 Answers

SpatzieLover's avatar

What state is this in? In my state it is illegal. In others it is not

ANef_is_Enuf's avatar

It wouldn’t be “child molester” it would be statutory rape. Where do you live?

tedd's avatar

It varies by state (the age of consent is as low as I believe 14). In many states if the parents approve of it then it is legal.

Since she is pregnant, assuming her parents don’t pursue it and he has every intention of being a good father… you’ll be hard pressed to find a prosecutor who will go after him.

Unknown82's avatar

Well I have 2 kids with him and we are about to go to court and he is a sick person and I was hoping that this would give the state grounds to terminate his parental right… he is an awful father!!! It’s in Missouri.

Seelix's avatar

If you’re in Canada or the US, then yes, it’s illegal for him to have sex with a 15-year-old. Not to mention stupid.

I would imagine that this would affect his paternity rights.

YoBob's avatar

As I understand it, in North America the age of consent depends on the state and ranges between 16 and 18. So, unless there was parental approval involved and they are in a state which allows such a union, he is guilty of statutory rape and/or child molestation.

tedd's avatar

@Unknown82 Regardless of whether or not he ends up being legally in trouble for having had sex with a 15 year old, more than likely you can use the simple fact he did have sex with a 15 year old as a representation of his character, which would probably be helpful to your cause.

If he ends up being legally in trouble for statutory rape or something along those lines, then yes it will help you to gain custody. Regardless of the crime, judges tend to favor parents who aren’t convicted or accused felons.

WillWorkForChocolate's avatar

No, it is highly illegal and highly disgusting. Turn his ass in.

theninth's avatar

Missouri law: Statutory rape, second degree, penalty. 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.

tedd's avatar

@theninth Many states have an “unless parental consent is provided” sub-clause. Not that it matters because if its being prosecuted the prosecutor will know anyways, but for her knowledge it could be worth looking up.

marinelife's avatar

Tell your attorney about this.

poisonedantidote's avatar

Where i live it would legaly be considered a form of rape, on a par with having sex with a passed out girl who was unable to consent.

KateTheGreat's avatar

It depends on what state it is, but it’s most likely considered statutory rape.

theninth's avatar

@tedd the OP can’t really press charges since she’s not the minor nor the minor’s parents, but it’s certainly worth bringing up in a custody hearing. Whether or not the minor’s parents gave consent is irrelevant.

Dutchess_III's avatar

legal or not, It’s disgusting. There is NO comparison between a 15 year old and a 23 year old having sex, and a 30 and 37 year old having sex, no matter what any perv might try to tell you. None what so ever.

Re your custody battle…If it’s for a kid you two had together, it’s probably in the bag. You win. I can’t help but wonder…is your child 5 years old, for example? If so, he had sex with someone who’s only 10 years older than his child. This is gross and I’m out of here.

Seaofclouds's avatar

Honestly, while I understand why you want to mention it for your custody case, I think bringing something like that up without any proof (such as him already having been charged with statutory rape), it’s just going to look like he said she said and make the custody battle ugly. You can mention it to your lawyer, if you have one, but without any proof of it, it would just be your word against his (and I doubt he would admit it).

I think it’s gross, but judges don’t tend to like a bunch of he said/she said. Documentation of all the things he does that make him a bad father would be much better for your case.

MyNewtBoobs's avatar

It varies by state – but it would be the sex creating the baby that’s illegal, not the baby itself.

chyna's avatar

Three children by two different women by the time he is 23. I hope he gets fixed before he goes forth spreading his seed.

john65pennington's avatar

This is statutory rape or rape of a child. The girls parents are the deciding factor in this case. Her parents would be the prosecutor, since she is a minor.

I would encourage the parents to prosecute.

It appears this person does not need to be mixed into our society, based on your questions and answers.

Unknown82's avatar

The proof of him having sex with her is the baby they are having.. and yea it is nastier than all hell and I don’t want him near my children… that’s why I asked thank you all!

Seaofclouds's avatar

@Unknown82 Unless there is a paternity test done once the baby is born (or he is listed on the birth certificate) and you can get a copy of either, you don’t have “proof” of it. She could be having the baby from anyone. I’m not trying to say it’s right, I just want to be sure you understand that before you go telling a judge he knocked up a 15 year old. Have you documented all the things he’s done that make him an unfit parent? Just telling the judge that you don’t want him near your children isn’t going to be enough. I’ve been through courts for custody and I know it takes more than just you saying he’s unfit. Good luck.

Dutchess_III's avatar

@Unknown82 You will let us know how it all turns out….?

Hypocrisy_Central's avatar

Tough crowd, talk about pots calling kettles black….....

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