Aurora, OR asked in Family Law, Child Custody, Juvenile Law and Criminal Law for Oregon

Q: I am 17 and my boyfriend is 20. He got me pregnant and my mom knows it was him she wants to put him in jail can she

I will not tell her it was really him or not but she thinks it was him

1 Lawyer Answer

A: First of all, is she just angry that you are pregnant or does she really want to throw your boyfriend, the father of her grand child, in jail, and possibly have him labeled as a sexual offender for the rest of his life? Maybe she just needs time to process what is going on and calm down.

Second, the only thing your mom or anyone can do is report someone or a crime to the police. She can't decide if he gets arrested or goes to jail. The is up to the police and the district attorney.

Third, it may not be a crime - read this: http://www.ageofconsent.us/state-laws/oregon-age-of-consent-laws/. If you were over the age of 16 and your boyfriend is not more then 3 years older than you, then the law says you can legally consent to sexual intercourse.

Your boyfriend should go and speak to a criminal lawyer to figure out if there is any possibility that he could get in trouble with the police. If he is arrested then he may or may not be prosecuted and jail may or may not be the outcome. In the meantime you might not want to disclose who was the father, at least not until your mom calms down and you are sure she won't be calling the police. A paternity test can be used after the baby is born to prove that your boyfriend is the father, but you don't need to admit it now.

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