There really is no way to answer your question with any accuracy. We'd be guessing at best and could be completely off base. These situations are handled in the prosecutors offices and judges chambers on a case by case basis. It's simply not possible to give you an "absolute" or even a guess on what a judge or prosecutor may or may not do. Your best possible chance at getting an answer to this question would be to discuss the situation with a local criminal attorney who handles sex offense cases. Sorry we can't be more helpful to you.

How this is handled would be at the discretion of a juvenile court judge and the DA's office. Juvenile cases are closed from public view. There is really no way to speculate on what "might" happen with any accuracy. This could be handled within the juvenile court system or, it's possible the judge may recommend the case be heard in adult court. As far as proving whether consent was given, this may come down to being "your word against his", unless someone else was witness to the events. Registration as a sex offender is determined based on what you are finally convicted of. If you are convicted under section 261.5 "Unlawful Sexual Intercourse" you would NOT be required to register as a sex offender in the State of Californa. If it is determined to be a forceable or violent sexual act and you were convicted under a different sexual offense statute, it is highly likely that you would be required to register as a sex offender for a specified period of time. If charges have been filed against you, it is in your best interest to seek advice from a criminal defense attorney in California who specializes in sex offense cases.

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

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.

The law in California has no gender lines. It applies to both male-female and same sex relationships. The age of consent is 18. In the situation you describe, the 19 year old could be at risk for legal action if a complaint is filed with authorities. It would highly unlikely that the parents of the 16 year old would be found criminally negligent; unless the parents were promoting, coercing, and/or participating in sex acts involving a minor.

If sexual intercourse takes place prior to a minor turning the age of 18, it is considered unlawful in the state of California. It is up to your local prosecuting attorney to file charges as this is a violation against state law. Anyone can report this to authorities including the victim, a parent, a friend; certain professionals in the medical, legal or educational fields, including clergy, MUST, by law, report this to authorities if they have reasonable suspicion or knowledge. California Penal code 261.5 (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison. (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts: (C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

The best thing he can do at this point is get an attorney to advise him of the best course of action. If he is the biological father of the 16 year old's baby, this is "proof" for the District Attorney that your son violated state law 261.5 "Unlawful sexual intercourse" and your son can be charged with this crime. There is a possibility for a show of leniency if your son is gainfully employed and supporting his child emotionally and financially; however, there are no guarantees. It is in his very best interest to have an attorney represent him in this situation.

Yes, the mother (or anyone with knowledge of a crime) can report it to police. It is a violation of state law for a 24 year old to have sexual intercourse with a 16 year old. A parent can file a complaint with the police and it is up to the prosecuting attorney to determine the charges, if any, that will be filed. There is no way to determine what type of sentence he may recieve especially if there are other violations pending. If he is charged with "Unlawful Sexual Intercourse" under 261.5, he can be charged with a felony or a misdemeanor due to the age difference between them. He can also face civil penalties if convicted in criminal court.

If the 16 year old and the 25 year old are in a sexual relationship, due to the age difference, the 25 year old can be charged with a felony, "Unlawful Sexual Intercourse" sentenced to serve time in prison and be liable for up to $15,000 in civil fines. Various counties in California have special vertical prosecution units assigned to prosecute only these cases. It is very serious and happens daily. In very rare circumstances, parents condoning these activities can be charged with a crime. A parents consent does not over-ride state law.

Sexual contact is generally defined as touching the sexual private parts of another for the purpose of sexual gratification whether clothing is on or off. Hugging, and holding hands would not be considered "sexual contact".