Statutory Rape

[Hdfrst4hndgn]

What is the name of your state?What is the name of your state?What is the name of your state? California

I am 18 years old, i just turned 18 last january and i had sex with a girl that is 16 going on 17. I hung out with this girl twice and we had sex on the second time we hung out. Everything was going good until she started thinking that i was playing her. She got really Jealous and mad and despite the fact we werent even going out she was still really angry. She decided to file statutory rape on me to the police, or so she says. I tried apologizing for any mis comunications but she doesnt want to hear it. I researched my case and i read something about a suspect has to be 4 years or older then the victim, i am only 1 1/2 years older then her. What do I do?

 

[absconder]

Talk to a lawyer.

 

[fozzy2]

Get thee to a lawyer

Are you in the military? At any rate, you need to consult a lawyer, because the girl has you over a barrel. I would drop her like a ton of bricks, don't say a word to her and avoid her at all costs. Remember -- to prove statutory rape it has to be proved that you had sex with her. If you simply refuse to say a word there may be no case. There is a famous quip attributed to a famous defense attorney "In all my years visiting prisons I've never met a mute".

It appears at first glance that California section 261.5 subdivision D (unlawful sexual intercourse) defines minor as "under 18" and adult as "at least 18". It further states that if the age difference is less than 3 years then it is a misdemeanor. However, even a misdemeanor "sex crime" can have devestating consequences. In addition, if she is less than 2 years younger than you then if she sues you in civil court damages are capped at $2,000.

Now, if I am reading the statute correctly, then if someone who is 18 years and 1 day has sex with someone who is 17 years and 364 days -- it is a crime. That would seem to encompass a lot of relationships. But if that is what the legislature demands....

Talk to a lawyer and keep your yap SHUT. I mean SHUT. Don't talk to her. Or her friends. Don't talk to anyone about your relationship with her. Period. You will want to defend yourself. Don't. That's what a lawyer is for.
If she does go to the police with a story about how she had consensual sex with a boyfriend a year or two older, and doesn't have "proof" (videotapes?), then the police/prosecutor are probably not going to drop everything and launch a massive investigation. But if you are silly enough to talk to the police without a lawyer present, you will likely end up admitting enough to get you thrown in the courtroom hopper.

Remember all those people who told you sex had consequences? You shoulda listened more carefully....