Can an 18-year-old male be prosecuted for getting his 16-year-old girlfriend in foster care pregnant?

Answer 1

Some people need to be clarified on what "statutory rape" means. Statutory applies to individuals that are under an age of legal decision. In most states, that is the ages of 13 and under. At these ages, a person does not posses "mens rea" or "the criminal mind", and is recognized by the courts as unable to make absolute criminal decisions. From ages 14-17 (in most states), the person can make a legal decision on their own, and be culpable for it. However, this does not apply to emancipated adult decisions. "Rape" in definition is penetration, however so slight. Which means any object or body part inserted "even a millimeter" into a sexually defined body part. This means that intercourse is not a requirement. A simple fingertip would be considered rape.

Anyway, in most states, since there is a 2 year difference between you two, it is not likely that there would be an arrest. In some states, emancipation begins at 17. Check your state laws, there might be a paragraph regarding age difference. Some states allow a reasonable age difference if one individual is a legal adult, and the other is not. All i can say is yes!! Afraid so. In many states, the age of consent is 18, so an adult male could be prosecuted for statutory rape if he has sexual intercourse with a 16-year-old. In some states, the age of consent is lower if the parties are of similar ages. In other words, an 18-year-old male might not be prosecuted for having sex with a 16-year-old girl, but a 23-year-old man might be. The answer currently supplied at the top is misleading. It confuses "age of consent" with the age of mens rea, which is something completely different. The former is the age at which a girl may consent to sexual relations. The latter is the age at which people are judged to be able to form malicious or criminal intent. There are NO states in the union that have an AOC as low as 13, and only three have it set as low 14, and then only in cases where the ages of the couple are close. (Otherwise, the AOC is 16 in those states.) * A minor who is placed in a foster home is there by an order of the court. That being the case, the foster parents are obligated to inform the court of the situation. It is a "given" that under such circumstances charges can easily be brought regardless of the AOC for the state, the usual charge in such cases is sexual misconduct.