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Statutory Rape in CA?

  • Thread starter GIRLnCALIFORNIA
  • Start date

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GIRLnCALIFORNIA

Guest
What is the name of your state? California

I am a 20 year old female expecting a baby by my 17 year old boyfriend. At the time of conception I was 19 and he was 16 (2 year, 10 1/2 month age difference) I've been told that upon giving his information to the hospital that I could be arrested. Any information and/or advice will be helpful. Thank you.
 


CdwJava

Senior Member
Yes, you can be charged and arrested. There is not a whole lot you can do about it. If his parents know about it, I'm surprised you haven't been popped yet.

You may be lucky and nobody has reported it yet. But this is the type of crime that could come back to haunt you.

And what on Earth can you possibly have in common with a teenage boy? Especially since women (usually) are far more mature than men (er, boys) at that age ... you SHOULD be well beyond him. But, apparently not.

Good luck ... and have a lawyer's number handy.

Carl
 
G

GIRLnCALIFORNIA

Guest
Responce

At the time we met and started dating we were both teenagers in High School. It's only an almost 3 year age difference, most marriges have larger age gaps than that. We do plan to marry and spend the rest of our lives together, so what's the big deal? He's very mature, responsible, and works to help support our newly forming family. His family as well as mine are very supportive of us.
 

CdwJava

Senior Member
Aside from the fact that you've committed a crime in CA, I suppose there's not a whole lot LEGALLY wrong. Morally, on the other hand, I could go on for quite some time.

Good luck in your life together. Though I think the statistics say that the "together" part will be fery short. But, I have been wrong from time to time in the past, and maybe I will be this time ... but if I were in Vegas, I wouldn't bet on it.

Carl
 

BlondeIntel

Registered User
GIRLnCALIFORNIA said:
His family as well as mine are very supportive of us.
Can his parents sign for them to get married? Can he be emancipated? Is there another state with a lower age of consent?
 

CdwJava

Senior Member
BlondeIntel said:
Can his parents sign for them to get married? Can he be emancipated? Is there another state with a lower age of consent?
Going to another state won't matter because the crime occurred in CA. And the parents' rights are in CA. If they got married in another state without the permission of mom and dad, the marriage would not be recognized here - plus, the new bride could be charged with a number of new offenses. And no judge is likely to grant emancipation in this circumstance. But, his parents COULD (I believe) permit the marriage.

Carl
 

BlondeIntel

Registered User
CdwJava said:
If they got married in another state without the permission of mom and dad, the marriage would not be recognized here - plus, the new bride could be charged with a number of new offenses. And no judge is likely to grant emancipation in this circumstance. But, his parents COULD (I believe) permit the marriage.

Carl
Carl,

I wasn't suggesting that they do anything without their parents' consent. I was asking what they can do with the parents' consent. I'm trying to think about the welfare of the baby that is about to be born.
 

CdwJava

Senior Member
BlondeIntel said:
Just out of curiosity - how old was your wife on your 18th birthday?
Well, I didn't know her, but she was 18 years and 2 1/2 weeks. Yeah - she's older than I am.

And our age then and now doesn't matter. I wasn't dating a minor when I was an adult.

And what they CAN do is they CAN get married in CA with his parents' consent. However, that does no tabsolve her of potential criminal charges. Though I doubt that anyone is going to pursue charges given the circumstances and the lack of resources these days. So they would probably be safe to either get married, or, wait til his 18th birthday.

Carl
 

BlondeIntel

Registered User
There's a Problem Here!

This comment is made under the assumption that 1, 2, 3, and 4 are true.

1.
GIRLnCALIFORNIA said:
At the time we met and started dating we were both teenagers in High School. .

2.
GIRLnCALIFORNIA said:
His family as well as mine are very supportive of us
3. http://www.savecalifornia.com/legislators/details.cfm?legid=2001S32

See comments on SB 231 and AB 2556


4. CALIFORNIA PENAL CODE SECTION 261-269


261.5. (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.



This may be my blonde intelligence (i.e. over-simplification) at work, but aren't parents, schools and legislatures supposed to work together in a child's best interests? (This is not a criticism of California. This disconnect is occurring all across the U.S.)
 
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CdwJava

Senior Member
It's in the "child's" best interest (in this case, the child is the teenage boy boy) NOT to be involved in sexual relations. To decide otherwise is to say that sex with a child is okay unless a baby is conceived in which case we have to act in a way to build a solid relationship between mom, dad, and baby ... even if one or both of the parents are children themselves.

Nope. Children should NOT be having sex. And they should NOT be having babies. And frankly, it may NOT be in the best interest of the child for the child to be in a home with a teenage or young adult parents. If government sought the best interest of the soon-to-be-born child in all instances, we would see government inspectors checking out ALL parents.

In this case you have a child produced by a technically unlawful act.

And in CA some of our laws seemingly encourage these illegal acts. And it's odd ... since a nurse (school nurse or hospital nurse) cannot give medication or a band-aid without a parent's consent, yet birth control pills and in many cases abortions can be performed on minor children without the parent's knowledge ... inarguably MUCH more invasive procedures than a band-aid or over-the-counter medication.

But, currently, sexual relations with a minor is a criminal act. The original poster can be secure in the fact that the chance of her being prosecuted are slim to none so long as the boys' parents do not make an issue out of it, and the county does not have a dedicated prosecution unit for underage sex. And most of the grant funding for underage sex prosecutions has recently run out, so chances are it has become a back-burner issue for a while.

Carl
 

BlondeIntel

Registered User
CdwJava said:
If government sought the best interest of the soon-to-be-born child in all instances, we would see government inspectors checking out ALL parents.Carl
That day will probably come. I only hope it's not in my lifetime
 

BlondeIntel

Registered User
CdwJava said:
(in this case, the child is the teenage boy boy)

Carl
In this case, there will soon be two children to be considered. And, IF GIRLnCALIFORNIA was underage when the relationship started, there were two children to be considered then as well.
 
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BlondeIntel

Registered User
CdwJava said:
. . . . To decide otherwise is to say that sex with a child is okay unless a baby is conceived . . . .
Carl
When we, as citizens, allow (and sometimes even promote through government funding) the practice of doctors and nurses giving birth control to minors, that is exactly what we are saying.
 

CdwJava

Senior Member
BlondeIntel said:
When we, as citizens, allow (and sometimes even promote through government funding) the practice of doctors and nurses giving birth control to minors, that is exactly what we are saying.
Hence the reason my children have spent years in private school - to avoid issues like these that I strongly oppose of. Fortunately, I now live and work in a small, conservative community where the local school board would be lynched if they handed out condoms and birth control to the kids at school. That and other considerations (such as the lack of an available private school and living on one income for a family of 5 plus foster children) are why my children now go to public school.

Carl
 

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