my son just recently got arrested for statutary rape. he just turned 21 a week ago and when this happened he was 19. so...this happened a little over a year ago and she was 16. the way i understand the penal code, if i am correct, if there is only a 3 year difference, there is only a 1 year statute of limitation? am i correct on this? they havent been together in that long of time and her parents are just filing charges now. he has never been in trouble and is a kind, loving, thoughtful human being. what kind of sentence is he looking at if he gets convicted? thank you

These are all details that need to be communicated to the District Attorney/Prosecutor by your son's attorney. If your son does not yet have an attorney, we strongly encourage him to get one as soon as possible. The prosecutor will not be looking out for his best interests and it is simply not wise to appear in court or try to deal with the prosecutor without representation by a professional attorney.

With regard to the parents pressing charges, this is a state law which means the parents do not have to press charges for there to be an arrest or charges filed. Anyone with knowledge of the situation can file a report with police which will initiate an investigation. Based on the findings the prosecutor will determine if a state law has been violated and whether there is sufficient cause to file charges.

In California, the statute of limitations on a misdemeanor is generally 1 year. Statute of limitations for a felony is generally 3 years. The statute of limitations begins on the date the violation occurred no matter when it is reported. You may want to check with your son to be certain of this timeline and also to be sure there is not more than 3 years, (36 months) between them. If they are over the 3 years even by a day, it changes the landscape.

Again, I can't stress enough how important it is that your son have legal representation in this matter. If you need help finding an attorney, LegalMatch.com is a free service that can help. Look for their banner at the bottom of this page.