I have a friend who is 23. He is having sex with a boy who is 16, about to turn 17. If his parents wanted to press charges against him, but he refused to testify (thus not confirming that any sexual activity ever occurred between them), do they have a case?

Also, I've heard that after the minor turns 17.5, nobody bothers prosecuting anymore. Why do people say this? Has there been past precedence?

Parents can file complaints with police and request protective orders if necessary. Ultimately, any criminal charges, if any, will be filed by the prosecuting attorney in the District attorney's office. Parents do not technically "press charges". The charges are determined by the prosecuting attorney assigned to the case and are based on the findings of an investigation.

The minor does not have to testify or even cooperate for the DA to make a case. Many do not. Many things depend on the parents report, the circumstances that lead up to it, whether the two were caught in the act, etc... Each case is treated independently. The circumstances of each case are looked at closely. Anyone can report the crime and anyone can answer questions about the parties involved if asked by authorities.

People can speculate about many things and take many risks. The bottom line for any prosecutor is defined clearly within the law. In California, an adult can be prosecuted for having sex with a minor. A minor is defined as anyone under the age of 18. 17.5 qualifies as a minor. There are many cities, counties and prosecuting attorney's in the state of California. There are working prosecutors who will prosecute a case even when the victim is 17.5 years of age.

The 23 year old friend is putting himself at risk legally. The age difference alone would put this in a more serious catagory with a potentially large fine.