Need advice in Cali!!

[sbrooks]

I'm in California. I have a bit of a situation brewing with my roommate. I'm 25 years old and a college grad, and it might not have been a bright idea on my part but I have a roommate who is 19 and I'm stuck in a lease with for 9 more months. He's dating a 16 year old and they have been dating for about 2 years (I didn't know when we signed the lease...he was the best Craigslist had to offer :/). Unfortunately, her parent's don't approve so they were sneaking around, but after a situation with them finding out and her running away, she was allowed to move in with her grandmother who literally lets he do anything she wants. I mean, this girl has been sleeping over at our apartment like 5 days a week. Who lets a 16 year old do that? Anyway, I have friends who work in the school district and are required to report stuff life this. I don't really know much about these laws and everything I've read hasn't been right for this situation. What kind of trouble can my roommate get into? What kind of trouble can I get into for living with him? What would the school do if they found out she wasn't living at her home address and was living with her "adult" boyfriend? (adult is in quote because i use the term VERY loosely) OH and she just decide to ditch class yesterday (Thursday) because she had an anatomy test that she didn't study for.

Additional Info - Their relationship is definitely sexual. They take no effort to hide that.

 

[Alex1176]

I'm in California. I have a bit of a situation brewing with my roommate. I'm 25 years old and a colleg grad, and it might not have been a bright idea on my part but I have a roommate who is 19 and I'm stuck in a lease with for 9 more months. He's dating a 16 year old and they have been dating for about 2 years (I didn't know when we signed the lease...he was the best craigslist had to offer :/). Unfortunately, her parent's don't approve so they were sneaking around, but after a situation with them finding out and her running away, she was allowed to move in with her grandmother who literally lets he do anything she wants. I mean, this girl has been sleeping over at our apartment like 5 days a week. Who lets a 16 year old do that? Anyway, I have friends who work in the school district and are required to reports stuff life this. I don't really know much about these laws and everything I've read hasn't been right for this situation. What kinds of trouble can my roommate get into? What kind of trouble can I get into for living with him? What would the school do if they found out she wasn't living at her home address and was living with her "adult" boyfriend? (adult is in quote because i use the term VERY losely) OH and she just decide to ditch class yesterday (thursday) becuase she had an anatomy test that she didn't study for.

My advice for you is to leave the apartment. There is eventually a statutory rape (a very serious crime) going on 5 days a week in this place, and you don't want to be close to this place and involved in any way in this issue, as a witness or even worse (if she in some way will tell that you also slept with her. You never know, teens are vulnerable and can be very dangerous to adults in today's climate in USA). Leave it, talk with the landlord, leave him the deposit. Just leave.

 

[sbrooks]

I wish I could - unfortunately I live in a apartment complex that is run by a corporation and there is really no way for me to get out of the lease. I want to sit my roommate down and really go over the consequences of his actions which is why I wanted to ask what could happen to all of us.

 

[Alex1176]

I wish I could - unfortunately I live in a apartment complex that is run by a corporation and there is really no way for me to get out of the lease. I want to sit my roommate down and really go over the consequences of his actions which is why I wanted to ask what could happen to all of us.

What could happen? Long long years in jail for the guy and registration as a sex offender for life, police investigation for you, maybe you will need to retain an attorney. Find any way to get out of there.

 

[Zigner]

What could happen? Long long years in jail for the guy and registration as a sex offender for life, police investigation for you, maybe you will need to retain an attorney. Find any way to get out of there.

Really? "Long years in jail" for a misdemeanor?

It's fine to advise the guy to get out of there. But let's try to keep the scare-tactics based in reality

 

[CdwJava]

Your roomie is committing a couple of crimes. He is guilty of unlawful sexual intercourse with a minor (which can be a felony if they are more than 3 years apart), contributing to the delinquency of a minor, and, perhaps one or two more sex crimes as well. He can go to jail or prison.

You are a little less exposed, but can still go for contributing to the delinquency of a minor. You are knowingly permitting an underage child to come to your apartment, engage in unlawful activity, avoid going to school, and remain out of the care and custody of her legal guardian. You can go to jail over this.

If you will not get out of the apartment, lay down the law to the roomie and tell him that you will not risk jail to protect his unlawful activity. Inform him that should the girl come to the apartment again you WILL notify the police. If you decide you do not want to do that, then good luck to you and I hope your career plans can move forward even if convicted for an offense involving children.

 

[CdwJava]

What could happen? Long long years in jail for the guy and registration as a sex offender for life, police investigation for you, maybe you will need to retain an attorney. Find any way to get out of there.

Unlawful sexual intercourse with a minor at age 16 is a misdemeanor unless they are MORE than three years apart. If he is 19 and she is 16 then they might be more than three, or they might be less. In any event, this would not be a registerable offense in CA.

 

[cyjeff]

I mean, this girl has been sleeping over at our apartment like 5 days a week. Who lets a 16 year old do that?

Apparently, you.

Anyway, I have friends who work in the school district and are required to report stuff life this.

Actually, anyone that knows a child is being repeatedly raped should report stuff like that.

I don't really know much about these laws and everything I've read hasn't been right for this situation. What kind of trouble can my roommate get into?

Well, if the two love birds are more than 3 calendar years apart, your roommate can be convicted under...

California Penal Code Section 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. 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.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.
(e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

What kind of trouble can I get into for living with him?

If you are facilitating the rape of the child, you could be seen as an accessory. Interfering with custody. All kinds of goodness.

What would the school do if they found out she wasn't living at her home address and was living with her "adult" boyfriend? (adult is in quote because i use the term VERY loosely)

Actually, it appears she is living with two "adults", isn't she?

It's not the school authorities you should worry about... it is the police.

OH and she just decide to ditch class yesterday (Thursday) because she had an anatomy test that she didn't study for.

Tell her parents.

Additional Info - Their relationship is definitely sexual. They take no effort to hide that.

So you KNOW a child is being raped and you do nothing.

How great are you?

 

[sbrooks]

How great are you?

Okay, the information is nice, but your rude comments aren't appreciated. I'm finding myself in a situation that I'm not really prepared for and I'm trying to fix it. She's not being raped. I know what statutory rape is and I think you and I can both agree you aren't using that term to be specific but to create biased, loaded interpretation of the events. AND her family knows. I haven't had to do anything until now because her parents were handling it and she wasn't spending the night. She isn't my daughter and he isn't my son so what either of them do outside my apartment is inconsequential to me. Anyway, this has only been going on in my apartment for about a week and half - so please stop with the judgement. I'm trying to rectify this situation as best I can and I'm looking for advice not antagonism.

I am trying to make my roommate see that the consequences are sever so he'll stop. I don't really look forward to finding a new roommate...it's kind of a roulette game out there.

 

[Zigner]

Ahh, so, she isn't your daughter and you don't want the hassle of finding a new roommate. Now we know where your TRUE motives lie...


<spit>

 

[Alex1176]

Okay, the information is nice, but your rude comments aren't appreciated. I'm finding myself in a situation that I'm not really prepared for and I'm trying to fix it. She's not being raped. I know what statutory rape is and I think you and I can both agree you aren't using that term to be specific but to create biased, loaded interpretation of the events. AND her family knows. I haven't had to do anything until now because her parents were handling it and she wasn't spending the night. She isn't my daughter and he isn't my son so what either of them do outside my apartment is inconsequential to me. Anyway, this has only been going on in my apartment for about a week and half - so please stop with the judgement. I'm trying to rectify this situation as best I can and I'm looking for advice not antagonism.

I am trying to make my roommate see that the consequences are sever so he'll stop. I don't really look forward to finding a new roommate...it's kind of a roulette game out there.

I really don't think that you actually understand that you are playing a kind of Russian roulette with your life. You can face HUGE troubles if you don't take your staff and get the hell out of there.
If not, eventually you will need to tell all that you wrote in that post, in front of a good cop and a bad cop. And a judge.

 

[CdwJava]

Okay, the information is nice, but your rude comments aren't appreciated. I'm finding myself in a situation that I'm not really prepared for and I'm trying to fix it. She's not being raped.

She is being sexually assaulted. You know she is being sexually assaulted. You are an adult, responsible for the residence, and are allowing her to not only be sexually assaulted but permitting her to be there when she is a runaway, out of the control of her parents or guardian, and not going to school.

You can potentially be charged with no fewer than three misdemeanors based upon even your limited involvement.

I know what statutory rape is and I think you and I can both agree you aren't using that term to be specific but to create biased, loaded interpretation of the events. AND her family knows.

Her family cannot grant permission. In fact, if they are allowing it they, too, can be charged.

What you fail to grasp is that the adults around her that are permitting all of this to happen can be charged with criminal acts. The police and the state do not have to limit the prosecution to one person - they can charge anyone and everyone that assisted her in traveling this path.

I haven't had to do anything until now because her parents were handling it and she wasn't spending the night. She isn't my daughter and he isn't my son so what either of them do outside my apartment is inconsequential to me.

Except that you can go to jail for it. You cannot pretend you do not know what is going on, and that is what makes you liable.

Anyway, this has only been going on in my apartment for about a week and half - so please stop with the judgement. I'm trying to rectify this situation as best I can and I'm looking for advice not antagonism.

Then tell him that it ends now, and that you will not tolerate her coming over to the apartment again. If she does, you are calling the police. Anything less than this, and you run the risk of jail yourself.

 

[sbrooks]

Ahh, so, she isn't your daughter and you don't want the hassle of finding a new roommate. Now we know where your TRUE motives lie...


<spit>

What is will the judgmental attitudes here? So I'm a bad person because I have personal reasons for not wanting this to go on? For not caring that a random girl is sleeping with a random guy? Do you even really care? Not knowing who these people are, can you honestly say your concerned for their welfare? If you do, your lying. Also my "TRUE" motives? I'm sorry - did I say somewhere that I was very concerned that they were making bad life decisions? I don't care about them anymore than I care about a stranger; I don't want anything bad to happen, but I also don't really care. Am I weird for thinking this way? I figure this is how most people would feel in my situation...

 

[cyjeff]

Okay, the information is nice, but your rude comments aren't appreciated.

You are a nightly witness to a child being raped and are doing nothing. You should start getting used to people becoming VERY rude with you.

I'm finding myself in a situation that I'm not really prepared for and I'm trying to fix it. She's not being raped. I know what statutory rape is and I think you and I can both agree you aren't using that term to be specific but to create biased, loaded interpretation of the events.

What part of the law was confusing to you?

Legally, the child cannot consent to sex. Therefore, the child is being raped. Even if she tore her clothes off and BEGGED to be ravished.

She is being raped. Your rationalization and minimalization will not serve you in good stead.

AND her family knows.

Oh, so THAT makes it legal!!!!!

It doesn't matter if mom handed her a condom before and high fived her afterward...

I haven't had to do anything until now because her parents were handling it and she wasn't spending the night.

Yup. Keep telling yourself that.

She isn't my daughter and he isn't my son so what either of them do outside my apartment is inconsequential to me.

So, unless you actually SEE the child being raped you are okay with it?

Anyway, this has only been going on in my apartment for about a week and half - so please stop with the judgement. I'm trying to rectify this situation as best I can and I'm looking for advice not antagonism.

Bite me. You know a child is being abused and are doing nothing. It is not your problem. Someone else will take care of it.

You hit me as the same type of people that would demand humanity out of other people - that would say to them, "How can you not help when you KNOW you could be helping a child?"

You vote for politicians that help the sick and protect the weak.

And here you are. An opportunity right in front of you to make the world a better place....and it is someone else's problem.

Give me your address.... I will make sure that "someone else" calls.

I am trying to make my roommate see that the consequences are sever so he'll stop. I don't really look forward to finding a new roommate...it's kind of a roulette game out there.

Ah, so now we come down to it.

Your roommate can rape all the children he wants as long as he keeps the noise down and pays his rent on time.

Again... how wonderful are you?

You have finally answered the age-old question... what is the worth of a child? Apparently, it is around $800 a month and half the utilities.

 

[sbrooks]

She is being sexually assaulted. You know she is being sexually assaulted. You are an adult, responsible for the residence, and are allowing her to not only be sexually assaulted but permitting her to be there when she is a runaway, out of the control of her parents or guardian, and not going to school.

You can potentially be charged with no fewer than three misdemeanors based upon even your limited involvement.


Her family cannot grant permission. In fact, if they are allowing it they, too, can be charged.

What you fail to grasp is that the adults around her that are permitting all of this to happen can be charged with criminal acts. The police and the state do not have to limit the prosecution to one person - they can charge anyone and everyone that assisted her in traveling this path.


Except that you can go to jail for it. You cannot pretend you do not know what is going on, and that is what makes you liable.


Then tell him that it ends now, and that you will not tolerate her coming over to the apartment again. If she does, you are calling the police. Anything less than this, and you run the risk of jail yourself.

I don't know why I feel like I'm getting attacked here (I don't mean by you specifically). I'm not arguing with any of you at all. I don't plan on letting this go on. THAT is why I came here. I'm actually far less concerned about what will happen to me because I know this WILL stop. I have the means to live on my own - he does not. I'm trying to gather information to show him. And she isn't a runaway. Her parents let her move in with her grandmother who is letting her spend the night. Not much better, I understand but I would not harbor a runaway - I would definitely call her parents.

I'm planning on talking to my roommate tonight about all this. I just need some information to back me up on what the consequences are for him and her and to a lesser degree, me. Ive got plenty on me and him (I'm pretty sure he is more than 3 years older than her), but what are the consequences for her? That's probably what will hit home the most ...say what you want but the guy is crazy for her and is very protective.