I'm 21 and have a baby with my ex who is now 18. His mother is thinking about pressing Statutory rape charges of me. I know for a fact that she knew that we were doing it and yet said nothing. She has known for over a year and a half now. He was 16 and I was 19 when we first had sex. I want to know 1) can she press charges knowing she consented to it. 2) press charges after he turned 18. I know she's going to be doing it out of spite. I just need help.
It may be advisable to set up a consultation with a criminal attorney in your local area who specializes in sexual offense cases.
The mother is within her parental rights to report this. There is a 6 year statute of limitations that begins at the age of 16. If she reports this to police, you "could" be charged under Chapter 272 Section 4 (below) even after he turns 18. The mother's knowledge and lack of action during the time he was a minor will not erase or negate state law.
If she files a criminal complaint with police naming you as the perpetrator of a crime against her minor son, it will be up to the District Attorney's office to open an investigation and make a decision to either press charges or not. Once a report is filed, it is basically out of the Mother's hands at that point. If the District Attorney has sufficient evidence and information to file charges against you, they may prosecute the case.
As a proactive measure, it would be very wise to speak to an attorney locally about the situation; getting this information on a local level is probably going to be the most accurate and reliable. A local criminal attorney may have insights into how these cases are handled by the DA's office, information that know one else would have.
I know many people get a little queasy when someone recommends they see an attorney; however, the bottom line here is when your sick, you go to a doctor; when you have a legal issue, you go to a lawyer. It can make a difference in the outcome.
In the law below, it appears a worse case scenario would be jail time and a fine not to exceed $1000. Best case scenario is no jail time and a maximum fine of $1000.
Having legal representation will be important!
CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER
Chapter 272: Section 4. Inducing person under eighteen to have sexual intercourse
Section 4. Whoever induces any person under 18 years of age of chaste life to have unlawful sexual intercourse shall be punished by imprisonment in the state prison for not more than three years or in a jail or house of correction for not more than two and one-half years or by a fine of not more than $1,000 or by both such fine and imprisonment.