Legal Question in Criminal Law in Pennsylvania
rape
my girlfriends son is 17yrs old and got his girlfriend 15yrs old pregnant her father wants to press rape charges on him even thou she was willing and they love each other. if the father presses charges what can happen to my girlfriends son,please help
2 Answers from Attorneys
Re: rape
If she was a willing participant, this is obviously not rape. There wouldn't be any criminal offense under PA law that would apply in this situation.
Re: rape
The only possible charge that could be brought is Sec. 3122.1 Statutory Sexual Assault. Assuming that the sex act is consensual, a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
Therefore in your case, unless the sex act was nonconsensual, or they are 4 or more years apart, the young man cannot be prosecuted. Also, the idea that the "father wants to press charges," is a myth. In Pennsylvania, the Commonwealth brings the charges through their representatives, the District Attorney. The complainant is only a witness for the DA. Good Luck.
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