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Will my son's girlfriend be charged with statutory rape?

Will my son's girlfriend be charged with statutory rape?

Q: Can a minor consent to sex in California?

In California, a minor cannot legally consent to sexual intercourse if they are under eighteen. This means that any sexual activity with a minor can lead to statutory rape charges, regardless of the minor's perceived consent. The law is designed to protect minors from exploitation.

Q: What should I do if I suspect statutory rape?

If you suspect statutory rape, it's important to take the situation seriously. You may consider reporting it to local authorities or seeking legal advice. Consulting with a lawyer can help you understand your options and the legal implications of the situation.

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: 04/07/2025
State: California

Answer:

In California, the age of consent for sexual intercourse is eighteen. This means that any person who has sex with someone who is seventeen years old or younger can be charged with statutory rape. According to California Penal Code § 261.5, unlawful sexual intercourse occurs when a person has sex with a minor, defined as someone under eighteen. However, if the minor is not more than three years older or younger than the perpetrator, the offense is classified as 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.

FAQs

What is statutory rape in California?

Statutory rape in California refers to sexual intercourse with a person under the age of consent, which is eighteen. According to California Penal Code § 261.5, if someone has sex with a minor, they can face criminal charges. The law considers minors to be individuals under eighteen, and the age difference between the parties involved can affect the classification of the offense.

What are the penalties for statutory rape in California?

Penalties for statutory rape in California can vary. If the offender is more than three years older than the minor, it may be classified as a felony, leading to severe penalties, including imprisonment. If the age difference is three years or less, it may be treated as a misdemeanor, resulting in lesser penalties. Specific circumstances can influence the outcome.

Can a minor consent to sex in California?

What should I do if I suspect statutory rape?

Are there defenses against statutory rape charges in California?

Yes, there can be defenses against statutory rape charges in California. For instance, if the accused can prove that they were not more than three years older than the minor, it may be classified as a misdemeanor. Additionally, consent is not a valid defense if the minor is under eighteen. Legal representation is crucial to navigate these defenses.