Pregnant Teen Mom Who Just Turned 18

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I know a teenager who got pregnant just before she turned 18 a few months back. Her baby is now 28 weeks old, and the father of the child was well over 21 years of age at the time. If she delivers this baby at the hospital, will the acute care facility suspect this as statutory rape under the law of California even though she is now at the age of consent? Not seeking for legal advice here, but just curious about this situation.

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Specializes in Nurse Leader specializing in Labor & Delivery.

Every state's laws are different. In some states, if she is over a certain age (usually 15 or 16) then it's not statutory rape unless he's many years older than she.

As an OB nurse, the only time I've seen the hospital getting involved (or gotten social services involved) was if we had a young girl delivering (I'm talking 14, 15 years old) and the purported FOC is WAY older than she (like, 40s). Otherwise, we have too much to do worrying about stuff like that. We care more about - are the mother and baby safe at home? Is the mother engaged in learning? Is she acting appropriate?

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Specializes in Emergency & Trauma/Adult ICU.

Highly unlikely. Unfortunately 367,678 15-19-year olds gave birth in the U.S. in 2010. ( FASTSTATS - Teen Births )

And 70% of 17-18-year olds report being sexually active. ( Facts on American Teens' Sexual and Reproductive Health )

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every state is different, but the age of consent for sex is generally 16 or 17. So if she were 17 at the time she got pregnant, then no it is not rape.

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Specializes in Psych ICU, addictions.

You need to look at the laws specific for your state (CA). States vary widely, so what flies for OK in the neighboring state may not be what's law in yours.

The facility may or may not report depending on the laws of that state. If they are mandated to report it, they have to report it: doesn't matter what the parents'/patients' wishes are--if the law was broken, the law was broken.

Now, if it's reported and whether the DA decides to pursue charges is another matter. The DA may pursue them or he may let it go.

Anything more than that, you should ask an attorney about as we can't give legal advice here...especially if you happen to be one of the parties involved in this matter in any way (not saying you are, this is my standard disclaimer).

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

We cannot give legal advice as Merriwhen said.......I found this link to California Penal code....http://www.ageofconsent.com/california.htm.

PENAL CODE

SECTION 261-269

261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.

For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. © Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison. (d) Any person over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

Now whether the hospital has policies about this I have no idea.
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