Full question:
I caught my seventeen year old son having sex with his 19 year old girlfriend. If reported will she be charged with statutory rape?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: California
Answer:
In California, the age of consent for having sexual intercourse is eighteen years. Any person who has sex with someone seventeen years or younger is said to have committed statutory rape. The law is stated in Cal Pen Code § 261.5 that reads:“ (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
(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.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
