If my husband slept with a minor, what are my options with divorce or reporting him?

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If my husband slept with a minor, what are my options with divorce or reporting him?

My husband knowingly had sex with a 15 year old (he is 22). She recently texted me wanting to talk and I saved the messages stating that they had sex. I was told that I should report him for statutory rape. Do I have a right to report him since I have evidence? What would the process be like? What can I do as far as a divorce?

Asked on December 9, 2010 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, he will be arrested and tried if sufficient evidence exists and if convicted probably branded a sex offender and have to register his entire life.  It was a stupid thing he did, if in fact he actually committed the crime for which you are accusing him.   As for the text messages, they are not very good as proof.  It will be hard for you to prove that she actually wrote the message and not someone else who had her phone.  And if he and she deny it then you may have some problems yourself with a charge known as giving false information to the police (filing a false report). I might consult with an attorney n the matter while you are consulting about your divorce.  Good luck to you.


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