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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13515
Experience:  Experienced in multiple areas of the law.
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A child was born out of wedlock 3 years ago to an underage

Customer Question

A child was born out of wedlock 3 years ago to an underage girl and an older guy. They lived together with both parents' consent and he now wants to be added to the birth certificate. Could she pull the age card at this point?
Submitted: 2 years ago.
Category: Family Law
Expert:  RobertJDFL replied 2 years ago.
Thank you for your question. Statutory rape is a felony in Arizona. The severity of that felony depends upon the age of the victim. So for sexual conduct with a minor between the ages of 15 and 18, the charge is a class 6 felony. Sexual conduct with a minor under the age of 15 is a class 2 felony.The provision on statute of limitations for violations is located in the Arizona Code (§13-107). It provides that all felonies from class 2 to class 6 have a 7-year statute of limitations. This generally would apply to the rape statute, but because this is considered a severe crime, additional considerations have been made. Although it is possible that a class 6 violation of the statute might result in a 7-year statute of limitations, in general there is no time limit on the prosecution of a case involving rape. In other words, yes, it is possible for the mother, or her parents, to pull the age card and report the matter to police at this point, unfortunately.Should you have any further questions about this matter or require clarification, kindly use the REPLY option, and I'll be happy to assist you. Thank you.
Customer: replied 2 years ago.
So help me understand. Even though the two of them have lived together off and on for the 3 years both with me (not happy for sure) and with her parents, they could all of a sudden say it was rape???
Expert:  RobertJDFL replied 2 years ago.
The age at which individuals have the legal ability to give consent under Arizona law is 18. A common myth is that in order for sex to be rape, it has to be forced. Statutory rape is the exception, because while the "victim" can be willing, their consent does not carry legal weight until age 18. Arizona's statutory rape law is found in the Arizona Revised Statutes § 13-1405. According to this statute, "A person commits sexual conduct with a minor by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person who is under eighteen years of age." Thus, all a prosecutor would have to prove is for example, that Person A was 25 at the time and Person B was 14. Even though the sex was consensual, A is guilty of statutory rape. The fact that they lived together, had a child, etc., doesn't change anything.