Statutory Rape in California

[Jskellington]

I don't know the laws on this for California.
A 24 year old male has been dating a 17 year old female for about a month. The mother walked in on them lying in bed. Both were fully clothed except the girl had taken off her t-shirt. The two have never had sex or any sexual contact. The mother called the cops claiming it to be statutory rape. My worry is...will he go to jail or state prison if the parents decide to press full charges? I heard that because of the fact that the two never had sex..they can't just put him away for basically just kissing her but all they can do is a restraining order. both the girl and the guy new the age of one another and knew it was illegal to date....my question is whats the worst that can happen to him in this case....or her. Please I NEED HELP!!!! SOMEONE RESPOND SOON.

 

[calatty]

It depends on how compromising a position you were in with the girl when the mother walked in. If it looked like sex and not just kissing, the DA may have a case. If it didn't, and the girl denies that any sex occurred, the DA won't be able to prove statutory rape and would probably not pursue it. The punishment for statutory rape (Penal Code section 261.5) is a county jail sentence or prison for 16 mos, 2 years, or 3 years. If this is your first offense, you may just get probation.