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Thursday May 17, 2012
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California age 21 and exboyfriend now age 18
California
I am now 21 and my ex-boyfriend is 18. He lied and told me he was 18 when I was 20 and we had sex. Now that he is 18, can he press charges against me for statutory rape? And if he presses charges, will I go to jail even though he is now 18 years old? The possiblity of charges always exists if there has been a violation of 261.5. In order for anything to happen, someone must first file a complaint against you with police or the DA's office. The police or DA, make a decisions based on the complaint whether to investigate the matter further or not. If an investigation is opened, the decision to file charges and pursue a case rests with the DA's office. Whether the DA seeks a conviction of a misdemeanor or a felony is determined on a case by case basis. Given the age difference in your situation, according to the statute this could be charged as either felony or misdemeanor. A local attorney who specializes in these cases would be very insightful as to how the DA determines the class of crime. Statute of Limitations laws - Criminal ProsecutionsCitation: Penal Code §§ 799; 800; 801; 803(f)(1) & (g)(1) The statute of limitations for certain offenses is a period within 1 year after a victim under 18 years of age reports to a responsible adult or agency that he or she is a victim of an offense listed below: The statute of limitations for the following offenses is a period within 1 year after a victim (of any age) reports to a California law enforcement agency that he or she, while under 18 years of age, was a victim of any of those offenses.
Generally, the following statutes of limitations apply:
Civil ActionsCitation: Code of Civ. Pro. § 340.1(a) The statute of limitations for filing a claim based on childhood sexual abuse extends for a period within 8 years after the minor reaches 18 years of age or a period within 3 years after the minor discovered or reasonably should have discovered that his or her psychological injury or illness occurring after 18 years of age was caused by the sexual abuse. Sources: I'm a 19 year old girl and for the past 3 weeks I've been dating a guy who was introduced to me by a mutual friend. We hit it off and one thing led to the next. We've had sex and last friday I found out he was 17 and not 18 as I had been led to believe this whole time. I haven't had sexual contact with him since and am scared to again. We both have strong feelings for each other and I can see this going somewhere but I'm not sure exactly where I stand with the law. He is 2 years and 7 days younger than me. What can happen to me as the adult in the relationship? I'm afraid to end the relationship in case he might get upset and do something rash. What should I do to protect myself? California laws are very clear on legal age. From a legal perspective, the only way to protect yourself now is to stop having sex with him now that you know his true age. I'm a volunteer pre-law student researcher here and near your age group. From a human perspective if the guy has genuine feelings for you, you should both have a discussion about honesty. Him lying about his age puts you at risk legally which is totally NOT cool. Does he really care? or doesn't he? These are "adult" decisions he's making and he's messing with someone else's future in doing so. Perhaps this 17 year old should stop "pretending" to be an adult and actually start behaving like one. As adults we may not like the laws, we may not even agree with the laws, but we damn sure have to follow them or pay the consequence. If he's 17, it can't be too long before he will be of legal age. WAIT for him to turn 18. Don't risk it. The long term consequences are not worth it. Just an opinion... take it or leave it. Hello there I need help, I am 32 year guy that was in a relationship with and older woman and I was a minor. Can I still press chargers for statutory rape?? Thank you!! Post new comment
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Hi i'am turning 19 in a few weeks but i have a ex boyfriend who is 26 year old but when we began dating i was 13 going on 14 and he was 20 going on 21 that same year. i had no idea he was of age, he had told me he was 16 we did not have sex until i was 15 going on 16 and he was 22 going on 23, by that time i knew of his real age. i was wondering if he can still be charged for statutory rape even though i' am of age now and was aware of his age when we had intercourse.