Legal Question in Discrimination Law in California

hi my friend had sex with an older man that is more than ten years older and she was 16 at the time and they concieved a beautiful little boy and the DA is trying to press charges my friend told the cops that she raped him she is about to be 18 on june 24 and they took her baby on false pretenses they really did take her baby because of the older guy situation she wants to get married to the older guy when she turns 18 and before that the guy had been lied on and has a different molestation charge can my friend get married to him and get their baby back? Would they give him back to her if he has a different molestation charge?


Asked on 6/02/10, 12:02 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If you worked for the Child Welfare Services what would be your opinion as to letting her have the child back when: 1) she is only 16 and has not graduated from high school so will have a very difficult time finding a job and supporting herself let alone a baby; 2) she claims to have raped a man, which while physically possible is very unusal, but if true shows criminal intentions; 3) she may be lying to protect the man from statutory rape charges so is committing several crimes in doing so, 4) her parents presumably do not approve since she feels she has to wait until she is 18 before she can marry him, 5) there is a shortage of adoptable babies of certain races so it might be possible to easily place the baby with a responsible couple, 6) he has been convicted [not just "lied upon"] of having sexual relations with another minor so faces a long prison sentence [others in jail do not like child molestors so he will likely be beaten up and raped in jail]. And if she could get the baby back, what type of man is it who has sex, and unprotected sex, with a minor and then lets her get into trouble by lying for him? Their marriage will not last very long.

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Answered on 6/02/10, 10:46 pm


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