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I'm 20 the dad is 16

Discussion in 'Paternity Law & DNA Tests' started by Sabrina1997, Feb 10, 2018.

  1. Sabrina1997

    Sabrina1997 Law Topic Starter New Member

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    Alright I'm 7 and half months pregnant with my 16 year old boyfriend and his father wants to bring me to court for a paternity test and I was just wondering if I get it done will I go to jail or no cause I don't know anything about those kind of laws
     
  2. cbg

    cbg Super Moderator

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    I don't know if you WILL go to jail. But you CAN go to jail. Under ND laws you have committed the crime of sexual assault, which is a class A misdemeanor for which the punishment is a fine of up to $2,000 and/or up to a year in jail.
     
  3. Sabrina1997

    Sabrina1997 Law Topic Starter New Member

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    Even if the father gave us permission to be together and was fine with everything?
     
  4. cbg

    cbg Super Moderator

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    The father cannot give you permission to break the law. The age of consent in ND is 18 and there is no close in age exemption. Every time you had sex with him you were committing a crime. The father cannot make the illegal, legal.
     
  5. mightymoose

    mightymoose Moderator

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    Do yourself a favor and do not do the paternity test. Do not seek any support. If you seek any support, including from the state, you will end up incriminating yourself. There are a variety of offenses that could apply beyond the one listed above.

    You might want to speak with an attorney about how to protect yourself.
     
  6. army judge

    army judge Super Moderator

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    Why do people continue to ensnare themselves in dangerous and illegal liasons?

    Don't sexually molest ANY minor child.


    Sigh.....
     
  7. cbg

    cbg Super Moderator

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    If I were the boy's dad I'd get a court order for the paternity test.
     
  8. zddoodah

    zddoodah Well-Known Member

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    I assume you meant to write that you're pregnant with a child of which you believe your child boyfriend is the father. How long ago did he turn 16? Before or after the child was conceived?

    The time to inquire about this would have been before you engaged in a sexual relationship with a child.

    All that being said, section 12.1-20-05 of the North Dakota Century Code (titled "Corruption or solicitation of minors") provides as follows: "An adult who engages in, solicits with the intent to engage in, or causes another to engage in a sexual act with a minor, is guilty of a class A misdemeanor if the victim is a minor fifteen years of age or older."

    Similarly, section 12.1-20-07 (titled "Sexual assault") provides as follows: "A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if: . . . [t]he other person is a minor, fifteen years of age or older, and the actor is an adult." This offense is also a class A misdemeanor under the circumstances.

    If your child boyfriend's father is insisting on this paternity test, I'm guessing he will lobby hard for you to be prosecuted for your crimes, but we obviously have no way of knowing what local law enforcement will do.

    What does "permission to be together" mean? "Fine with everything"? Are you saying that, you and he sat down and you told him that you wanted his child to have sex with you and he said, "Hey...that's great! Go for it!"? I seriously doubt that, but even if that did happen, his consent could not absolve you of culpability for the sex crimes you apparently committed against his child (although if the father did in fact consent to it, he might also be guilty of a crime). I suggest you consult with a criminal defense attorney as soon as possible.
     
  9. leslie82

    leslie82 Well-Known Member

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    Well the age of consent in North Dakota is 18...he's 16. So IF the parents wanted to do so, they could go report you to the police for statutory rape. A DNA test could be done and if the DNA matches the 16 year old that's a pretty air tight case.

    What the hell are you doing messing around with a 16 year old when you're 20? There aren't guys your age near you? I know it's North Dakota but c'mon...

    Also the boy's father cannot give permission for you to have sex with his son. It's illegal...period.

    You need a lawyer - yesterday.
     

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