What is the statute of limitations in nj? I turned 18 in march, he's 31 started dating when I was 15?

we have a 8 month old boy...he got me pregnant at 17, can he still be charged for statutory rape?

Update:

he started getting sexual at 15...make a difference?

Update 2:

like we started messing around when I was 15, had sex at 16...and with a 12 year difference??? Anything be done legally?

Update 3:

how would I go about filing the charge...local police department? what do you say?

10 Answers

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  • John M
    Lv 4
    1 decade ago
    Favorite Answer

    Statutory rape is a bit of a misnomer at age 15, it's illegal intercourse with a minor. At 17 it is colloquially called statutory rape. The answer is yes and no.

    At age 17 it is very possible that he would be charged with a misdemeanor. The sex was consensual. Maybe NJ is different, but usually when the victim hits 17 its a misdemeanor. This is the easiest charge to prove because the DA gets DNA from the baby and the defendant by means of a warrant. Then they count the baby's age backward while comparing it to your age. The problem is that a misdemeanor has a 1 year statute of limitation.

    Now, you say that you had at least sexual touching at age 15 and actual sex at 16. Legally, it makes little difference as to the conduct, but the timing makes a difference. There are usually different penalties for different ages, ex. under 8, 14 and under, under 15, etc. It really depends on NJ.

    Most states also have extensions on sex cases.

    For example:

    Cal. Penal Code 803(f)

    Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date of a report to a California law enforcement agency by a person of any age alleging that he or she, while under the age of 18 years, was the victim of a crime described in Section 261, 286, 288, 288a, 288.5, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object.

    and Cal. Penal Code 803(g):

    Notwithstanding any other limitation of time described in this chapter, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing.

    A standard statute of limitation is, for example, if you did something that can get you to prison for 8 years or more (except murder), the prosecution must begin within 6 years of the offense. So, take that standard rule and then apply the sexual extensions I mentioned above and you certainly could have a prosecution.

    The question is, do you want to? You likely need this guy to give you child support, if you kept the kid that is. If he gets prosecuted and becomes a registered sex offender, he'll never get a job and never be able to give you money. Harsh reality.

    Source(s): Criminal defense attorney.
  • 1 decade ago

    The fact that he started having sex with a minor can...

    Age difference is ok, but depending on which phase of your life you're in.

    Example: Someone with 25 can date someone 35, 35-45, 45-55, 35-40, etc. Even though there are differences in each other lives, it may not be so marked. Now a 15 year old girl, is a 15 year old GIRL, dating a 28 year old MAN, who is completely developed and has other mind in line. If you dated him, fine whatever, your problem, but the fact that he had sex with a 15-16 year old is just not right... I'd be careful with my kids with that guy around...

    Anyway, it sometimes depends, if you're happy with him and hes not a jerk, pfft, keep going out with him. But only if you're sure he's a nice guy...

    Source(s): Did he got you pregnant because you both wanted? Or did he got you pregnant because he thinks that condoms are UNCOOL? Because if he got you pregnant accidentally, wow, he must be pretty stupid, specially getting you pregnant at such a young age... 17...
  • John P
    Lv 6
    1 decade ago

    I don't know about the rape charge but you can get him for child support for the next 18 years, and then maybe he will keep his zipper up.

  • Adoc
    Lv 5
    1 decade ago

    Holy crap, why would a 28 year-old-guy want to date a 15 year-old??? That's pretty weird....

    Anyway, I don't think he can be charged now, but not exactly sure.

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  • Viking
    Lv 4
    1 decade ago

    nah NJ is 16

  • Anonymous
    1 decade ago

    only if your parents sign the court motion to charge him with CHOMO status. other than that, it happens.

  • 1 decade ago

    Can? Yes.

    Going to? Probably not.

    Source(s): 11 years law enforcement
  • Anonymous
    1 decade ago

    Wow, gotta sister?

  • Anonymous
    1 decade ago

    Cool.........kind od.....but cool....

    I like the first post.

    Since we know you like exsperiance.....does that mean you are voting for McCain?

  • DV8
    Lv 4
    1 decade ago

    Probably not, but he should be!

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