Adult gets minor pregnant

[Kayla884427]

In California the age of consent is 18. I am 16 and I had sex with a 25 year old. He did NOT rape me or take advantage of me in any way. I completely consented (although that doesn't mean much legally since I'm under the age of consent). My period is late and I might be pregnant. I was wondering if there is any way for me to have the baby without him getting in trouble? Or will I have to get an abortion to keep him out of prison?

 

[quincy]

In California the age of consent is 18. I am 16 and I had sex with a 25 year old. He did NOT rape me or take advantage of me in any way. I completely consented (although that doesn't mean much legally since I'm under the age of consent). My period is late and I might be pregnant. I was wondering if there is any way for me to have the baby without him getting in trouble? Or will I have to get an abortion to keep him out of prison?

Yes, the 25 year old can get in trouble for impregnating a 16 year old.

Having an abortion does not help the 25 year old escape a criminal charge.

 

[quincy]

Here is a link to law: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=261.5

 

[Kayla884427]

If we got married AFTER he had sex with me, could he still be charged?

 

[Zigner]

If we got married AFTER he had sex with me, could he still be charged?

Yes - he can be.

In California, you must have both parental and court permission to marry if you are under 18.


EDIT: Where are your parents?

 

[Eekamouse]

In California the age of consent is 18. I am 16 and I had sex with a 25 year old. He did NOT rape me or take advantage of me in any way. I completely consented (although that doesn't mean much legally since I'm under the age of consent). My period is late and I might be pregnant. I was wondering if there is any way for me to have the baby without him getting in trouble? Or will I have to get an abortion to keep him out of prison?

He's 9 years older than you. What's wrong with him that he's fooling with a minor? Do your parents know this man and what he's been doing with you?

 

[FlyingRon]

Most people would call it rape, but in California it's unlawful sexual intercourse officially. It's a wobbler in this case. Marriage only helps if you were married at the time of the intercourse.

 

[Zigner]

Don't forget the possible $10,000 civil penalty.

 

[quincy]

Most people would call it rape, but in California it's unlawful sexual intercourse officially. It's a wobbler in this case. Marriage only helps if you were married at the time of the intercourse.

The law I cited has unlawful sexual intercourse under a "Rape, Abduction, Carnal Abuse of Children, and Seduction" chapter heading.

The $10,000 civil penalty can be pursued by the DA for costs, with the remainder going to the Underage Pregnancy Prevention Fund (too late to help a pregnant 16 year old).

 

[FlyingRon]

So? Just because bestiality is listed under a chapter heading "Bigamy, Incest, and the Crime Against Nature" doesn't make it bigamy.
Anyway, I wasn't addressing your comments, I was talking to the OP.

 

[CdwJava]

In California the age of consent is 18. I am 16 and I had sex with a 25 year old. He did NOT rape me or take advantage of me in any way. I completely consented (although that doesn't mean much legally since I'm under the age of consent). My period is late and I might be pregnant. I was wondering if there is any way for me to have the baby without him getting in trouble? Or will I have to get an abortion to keep him out of prison?

This can be charged as a felony pursuant to PC 261.5 - aborted or not. Often, this will be pursued as a misdemeanor provided the suspect is capable of supporting the child and willing to take responsibility for support.

While getting married after the child is born or the intercourse is uncovered MIGHT minimize the chances of prosecution, there is no guarantee.