My tutor doesn’t acknowledge our child is his and refuses to bear any of the medical expenses.
Full Question:
I had sex with my tutor, he is 27 years old. After few months I got to know that I was pregnant. I am 15 years old and am due this month. I have no means to support myself and the baby. My parents have been financially supporting me all this while as my tutor refuses to support me in any manner. I am really worried for my baby. My tutor doesn’t acknowledge this child is his and refuses to bear any of the medical expenses. How can I prove that this child is my tutor's?
12/14/2016 |
Category: Criminal » Statutory Rape |
State: Florida |
#28093
Answer:
“(1) The Legislature intends to facilitate the criminal prosecution of persons 21 years of age or older who have impregnated a child under 16 years of age by ensuring that paternity is determined for a dependent child whose mother was impregnated while under 16 years of age.
(2) Whenever paternity has not been established for a dependent child whose mother was impregnated with the child while under 16 years of age, the mother shall be required to identify the father of the child and cooperate as provided in s. 409.2572, including Human Leukocyte Antigen or other scientific tests.
(3) Whenever the information provided by a mother who was impregnated while under 16 years of age indicates that the alleged father of the child was 21 years of age or older at the time of conception of the child, the Department of Revenue or the Department of Children and Families shall advise the applicant or recipient of public assistance that she is required to cooperate with law enforcement officials in the prosecution of the alleged father.”
Additionally, Fla. Stat. § 61.30 provides the Child support guidelines, based on which the obligor parent may be asked to pay for the child support. Fla. Stat. § 61.30 reads:
“(1) (a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact shall order as child support in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate. Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with either parent. This requirement applies to any living arrangement, whether temporary or permanent.”
Furthermore, Fla. Stat. § 827.04 provide that a person commits a felony of third degree if he impregnates a child under 16 years of age. Fla. Stat. § 827.04 states:
“(3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. . . . Neither the victim's lack of chastity nor the victim's consent is a defense to the crime proscribed under this subsection.”
The punishment for a third degree felony is given in Fla. Stat. § 775.082, subsection (3) (d) which states:
“(3) A person who has been convicted of any other designated felony may be punished as follows:
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(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.”
Furthermore, Fla. Stat. § 775.083 provides that an offender may be sentenced to pay a fine in addition / in lieu of the punishment for a third degree felony. Fla. Stat. § 775.083, (1) reads:
“(1)A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
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(c) $ 5,000, when the conviction is of a felony of the third degree.”
In the given scenario, the court may determine the paternity of the child pursuant to Fla. Stat. § 742.107, requiring the 15 year old girl to identify the father of the child. The court may then make the tuition teacher pay for the child support under Fla. Stat. § 61.30. The court may also prosecute him for statutory rape per Fla. Stat. § 827.04 which is punishable with imprisonment up to 5 years and/or fine of up to $5000 per Fla. Stat. § 775.082 and Fla. Stat. § 775.083 respectively.
