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15 year old female, 27 year old male
Virginia
My daughter was 15 and got pregnant by a 27 year old convicted felon. She said someone else was the infants father. Took me almost a year to get a court order for dna test to prove the alleged father wasn't the father. I was finally able to put the pieces of the puzzle together to get the 27 year old info and located him. I filed via child support enforcement to get a dna test that I would not have to pay for since I could not afford it. I also filed a report with the police dept. about the incident and included the fact that she told all her friends that this guy raped her, she knew him but did not want him to get into trouble because he was "nice". I have been told by the investigating officer that there is a one year statute to prosecute this individual. If this is the case, the year had expired by the time the infant was 3 months old. He is now 20 months old. I do not think it is right for him to walk without penalty. The father who molested my daughter is also now trying to get visitaion rights for the baby. Please help!
Virginia laws read that at the age of 15, this would have been considered a misdemeanor which has a statute of limitations of 1 year. So, unfortunetly, the officer may be right; however, if the 27 year old was previously convicted of a crime and was on probation at the time, or, if the previous conviction was similar in nature to this crime, it could be more serious than a misdemeanor.
If you haven't already done so, ask the investigating officer if this guy was on probation or what his previous convictions were. Or, you could contact the District Attorney's office directly and set up an appointment to speak to a DA or see if they will speak to you over the telephone.
The District Attorney's make the ultimate decision on what the charges are to be filed in a case and they prosecute the offenders. It doesn't cost anything to talk to a DA; however, they are usually pretty busy so it can take a little patience and percerverence. The fact that this guy was a felon previously or at the time of the offense may have an impact on how it's handled. There is just no way for us to know for sure.