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Statutory rape, pregnancy and Montana

Discussion in 'Other Family Law Matters' started by Maldo81, Jul 3, 2002.

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  1. Maldo81

    Maldo81 Law Topic Starter New Member

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    I am not sure if this goes here, but here is the issue I am currently facing. The girl that I was with I found out two weeks ago that she was 14, before that I thought she was 16. She is pregnant with my kid. Her parents while upset are fairly supportive. I want to know what my rights are in montana, and weather I marry her, take her to florida with me or if I have to serve a 2 to 100 year jail sentence no matter what? Is there anything I can legaly do? If so I dont have money to spend on lawyer, can I speak with a defense attourney without getting arrested right there and then? Does lawyer client privilage apply with them? Should I just face the fact that I am going to jail and turn myself in? If I can get past those things (since to my understanding no one under 16 can marry in montana) can I still take her with me to Florida or would that be considered kidnaping? Well hope someone can help.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'd want a lawyer as soon as possible. This is a delicate situation and if you are an adult and have had sex with a woman who is 14 -- who is pregnant with your child -- you would absolutely do best with a lawyer. He/she will apprise you of all your options and exactly how the situation would be best handled in order to prevent significant problems that you are likely to encounter. This situation could be considered statutory rape and it matters not that you marry the girl. That is a circumstance that happens after the act.

    Also remember that there is a psychological and human aspect here. The girl is only 14. She will now need to prepare herself for a lifelong experience and responsibility that she likely is completely unprepared. Do not discount this issue and you should seek counseling as well -- both for her benefit, for yours, and especially for the child.
     

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