Since the age of consent in California is 18 and my son is sixteen and the girl is thirteen; will be fourteen in two weeks, Can I file for statutory rape against the girl? they love each other and if anything did happen it was consensual or is my son the only one in trouble

You can file a complaint with authorities in the same manner the father is filing one against the 16 year old. Ultimately, it would be up to a juvenile system court judge to review and rule on the situation. Juvenile cases are handled very differently than adult cases for obvious reasons. They are sealed from public view.

What can happen in a situation like this? There are any number of possibilities and they are not limited to the following.

It is possible, that the age difference (especially if it is 3 years or more) could have a baring on whether the younger child would be considered a victim, or both children would be dealt with as perpatrators of an offense.

It is possible, that prior offenses (if any) within the juvenile system could be considered by the judge and have a baring on a ruling for this offense.

It is possible, both children could be dealt with in the same manner, charged with the same offense, and subject to the same penalties or treatment within juvenile system guidelines.

It is possible, the 16 year old could be recommended for adult court and criminal penalties if a history of prior sexual offenses exist.

It is possible, a judge won't charge either one with an offense but rather issue a restraining order establishing a legal boundary under specific guidelines to keep them apart.

There are any number of ways this could be ruled on and the above are only a few possibilities.