Home :: Questions :: California :: 4 ::

Age of Consent Questions for California

Q&A on statutory rape laws, age of consent laws, sexual assault laws for California. Ask your Question

Page 4 of 8 | << Previous :: Next >>

Can a 16 yr old mother press charges to a 24 yrs for staitory rape

:: August 02, 2007 12:30

my brother is 24 and he is dating a 16 year old and i know they have had sex. and her mom wants to press charges on him for it.and her mom is stating that my brother beats her, which is not true can she press charges against him? and they also took him into custody for other reasons what type of charges and how long do you think they would give him if he would to get convicted.?

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.

DATING A MINOR

:: August 01, 2007 12:50

WELL I HAVE A SISTER WHO IS 16 AND SHE IS DATING A GUY WHO IS 25 AND MY PARENTS ARE TOTALLY OKAY WITH IT THEY THINK THAT AS LONG AS HES NOT HURTING HER AND THERE BOTH HAPPY ITS OKAY CAN HER BOYFRIEND STILL GET IN TROUBLE?AND WHAT ABOUT MY PARENTS?

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.

trying to get this clear

:: July 30, 2007 00:44

I'm 15 and the person I'm with is 18. We're not even thinking about sex, but what is underlined in the phrase "sexual contact" does that mean we cant even hug and hold hands?

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".

What if the minors parents are ok with it?

:: July 29, 2007 00:44

It should b the other way around. But my cousins parents are worrying about the fact that she just turned 18 and her boyfriend is 14. His parents are ok with it, but they are worried that they might file a report against my cousin. Help?

The two paragraphs below (c) and (C) are directly from Califonia state criminal code. (State Law) (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. C) An adult (18 or older) 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). It is a state prosecutor's sworn duty to uphold the laws of the state. If a parent consents to violate state laws, it will not stop a prosecutor from filing criminal charges against any adult having sexual relations with a minor. In fact, the parents who are consenting to this violation may be held accountable as well.

dating

:: July 23, 2007 02:25

Im 27 years old is illegal to date with a girl 17yrs and be boyfriends may i get charges for this of course im'not looking sex with her.....

In the state of California, it is illegal to have sexual intercourse with a minor under the age of 18. Dating without sexual intercourse is NOT illegal; however, there are inherant legal risks when an adult has a "dating" relationship with a minor without the parents knowledge. It can become a troublesome matter if the parents object to the "dating" relationship. Parents can take legal action to prevent the relationship and if the adult does not comply, the adult can be arrested for a violation.

Statutory Rape by a woman employer 20 years older.

:: July 22, 2007 20:22

I am Grandmother of a boy 18 years old and I found out just before the birth of a baby girl that the woman, twenty years his senior, who he was doing part time work for, he has been having sex with her since he was sixteen! in fact he was still 16 when she became pregnant. The baby is now seven months old, he continued to work for her later as full time employee, and has now been living with her. She has not paid him a salary per say. There has been no paternity test, and she has also a fourteen year old daughter. I see this as sick and perverted at the very least. She is a domestic disaster as far as a clean home goes. And the boy, yes I say boy because he is a serious dyslexic, hard worker and is just finishing up his 'special eduction' and will get a high school diploma. I am saddened by all of this and her daughter recently got mad at her and called the police. She was arrested for Statutory Rape, my feeling is the punishment should be swift and severe. Will it be? This young man can get past this but does love the baby, if it is even his! Have yu any idea how this will unfold?

Given the unique complexities of this situation, (the 14 year old minor child, an infant, the unlawful sexual intercourse with a minor and the possibility that the baby's father is the victim,) there is no way to speculate how this could turn out. The possibility exists that she could be found in violation of multiple laws. There should be a paternity test to determine if the 18 year old is the father of the infant. If he is the father, he has the same parental rights and responsibilities as the mother. If he is not the father, than obviously there would be no parental rights or responsibilites. It sounds like there is substantial age difference between them. If she is charged only for unlawful sexual intercourse under 261.5 of the California Penal code, it can be a felony or misdemeanor. She could serve time in prison and be liable for civil penalties. It will be up to a prosecutor to determine the charges against her based on the outcome of an investigation. A paternity test may be part of the investigation. If the 18 year old is found to be the biological father of the infant, it would be advisable for him to seek legal advice regarding support and custody issues. There is information available through California Department of Child Support Services also, visit California Courts Self Help center for Custody and Visitation information

When a minor graduates

:: July 11, 2007 01:02

When a person graduates high school and goes of to college and is still 17 is it still considered statutory rape if he or she dates, or has sex with someone older?

Yes, this would be considered "unlawful sexual intercourse" until the minor reaches the age of 18.

What if the minors parents know and are ok with it?

:: July 08, 2007 16:12

I met a girl recently the funny thing is i was introduced to her by her mother she loves me and really wants me and her daughter to be together. Iam 25 and her daughter is 17 1/2 could either one of them press charges later? Or can the state press charges knowing the mother was ok with the whole thing? I havnt done anything with the girl yet not even hold hands but want to know what iam getting myself into.

Parental consent does not override state law. Sexual intercourse with a minor under the age of 18 is unlawful in the state of California. Yes, the parent or the minor can report a sexual offense at a later date within the statute of limitations for the crime. California Statute of limitations

Dating

:: July 08, 2007 09:27

If a guy is 18 and having sex with a 16 yeard old and she gets pregnet, does he go straight to jail? If yes what can he do to prevent jail meaning marriage or other acts?

This is not a question we could answer with any certainty. Some do spend time in jail, some do not. It depends on the circumstances of the case, past history, etc... Only an attorney could advise him on preventative measures.

close but not close enough?

:: July 06, 2007 14:04

my girlfriend and i are 10 months apart in age. we were both 17 when we first had sex, but she just turned 18 as of July 5th and i don't turn 18 until April 9th. i love her greatly and sex is something we do quite regularly. even though we are so close in age, could statutory rape be a factor? my parents like the girl a lot and frankly wouldn't waste their time on a lawsuit if they knew we have sex, but i'm worried about other third-party individuals. should i be worried?

It was unlawful sexual intercourse while you were both minors, and it is still unlawful sexual intercourse now that one of you is an adult. It is "unlawful sexual intercourse" in the state of California for any person to have sex with a minor under the age of 18. This included another minor. In answer to your question, yes, their is a risk is being charged with a violation of penal code 261.5 Unlawful sexual intercourse with a minor. Given the closeness in age, as long as there were no previous convictions it would likely be a misdemeanor violation.

California Penal code 261.5
(only a partial of this section) (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

Page 4 of 8 | << Previous :: Next >>