I just recently turned 18, and my gilfriend is 16. We have been dating for close to a year and a half, and her parents recently walked in while we were having sex. The parents said they are going to press charges, and i need to know if 1, at the age of sixteen she is required by law to testify, and 2, if 2 years and 3 months is a large enough age gap to press charges. Also, i have heard some things about people who are convicted of this, have to register as sex offenders the same as pedophials. is this true? This would put a huge hole in my evetaul plan to become a college English professor. Also, they have told me they are going to file a restraining order against me, barring me from seeing her again. Can they do this? Honestly, i dont really care what happens to me, i just need to know that i will be able to see her again. thank you for your time.

A minor under the age of 18 legally can not consent to sexual activity.

The parents can file a complaint against you with the authorities and the complaint will be reviewed by the prosecutors office.

Generally, no testimony is required by the minor.

If the prosecutors office determines there is cause to arrest and prosecute you for unlawful sexual intercourse, you will most likely receive "Notice to Appear" through the mail and/or they will issue a bench warrent for your arrest and you may be picked up by a sherrif. This depends on local procedure.

Given that you are less than 3 years older than the minor, under the California penal code this would be classed as a misdemeanor offense; unless you have previous criminal history of sexual offense or felony violations; in which case it could be classed as a more serious offense. If convicted of a misdemeanor, you may get probation or up to 1 year in jail. If you are more than 2 years older than the minor, you may also be fined up to $5000.

If convicted for a violation of "Unlawful Sexual Intercouse" under California penal code 261.5, you are NOT required to register as a sex offender in the State of California. If, however, you move to another state where the same or similar violation requires you to register as sexual offender, you may be required by law to contact the sheriff in the county of the state where you will reside to explain the circumstance of your arrest. They must be the ones to determine whether registration as a sex offender is required in their state or not.

Yes, the parents may have cause to file for a restraining order against you. If a restraining order is granted, you will be served with the order by a sherrif or an officer of the court. The order will spell out in great detail the provisions to be followed. You will have up to 60 days to contest the order but the order will be in full effect the moment it is served. If the order is violated by you, or by the 16 year old, you will be arrested for contempt of court and you will be encarcerated.

California Penal Code: Section 261.5 Unlawful Sextual Intercourse

Section 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.

(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).