Advice Concerning Statutory Rape

[DevotedFriend]

What is the name of your state?California.

Hello, my names Liz Campbell and I live in southern california. I'm have a potential situations concerning my best friend and another close friend concerning their age difference. The issue is he is coming up on his 18th birthday here Feb 11th, and she recently turned 15 this past november 26th. His parents are claiming he must " break it off" due to the age difference and the very slim POSSIBILITY that her mother will claim it as " Statutory Rape". Her mother hasn't thus far had any arguements against the relationship, in fact she likes him quite well. They aren't having sexual relations at the moment and aren't planning to in the near future, but the threat of Statutory Rape still lingers. Is there anyway they could continue dating and find some way around it? And if so, what procedures and precaution should they take?? And if for some God Forsaken reason, someone claims Statutory Rape, does the minor have to "agree" to the claims presented, or does their guardian have all say? This is a serious concern to them as well as myself, and need some legal advice on how to approach the situation. Any advice and information presented would be greatly appreciated!

Sincerely,
Liz Campbell

 

[BelizeBreeze]

Tell his parents to relax. Even if they did have monkey sex in the parent's bed, there's not much the mother of the girl could do unless the girl did not consent.

California penal code section 261.5 Subsection 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.

Work out the math.

 

[DevotedFriend]

thanks a few more question

Thanks.. I read that but it kind of slurred together with the rest of it. But one more thing.... Can the parent claim the child did NOT consent, although they did..? Would she be able to talk for herself in court ( if it came to that) and considering her age, would her testimony be considered valid?

 

[stealth2]

However, isn't the age of consent 18 in CA?

 

[DevotedFriend]

I believe so... couldn't they always have a verbal negotiation? Like a binding verbal contract witnessed by someone, saying she gives her consent FOR her daughter to be in a relationship with him?....

 

[BelizeBreeze]

However, isn't the age of consent 18 in CA?

Sure is, but the question was about statutory rape.

 

[CdwJava]

If they are 18 and 15 it is a misdemeanor in CA:

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.

We DO prosecute for it, and the charges do NOT have to come from mom or the girl.

- Carl

 

[BelizeBreeze]

If they are 18 and 15 it is a misdemeanor in CA:

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.

We DO prosecute for it, and the charges do NOT have to come from mom or the girl.

- Carl

Actually Carl, read the original post again

 

[CdwJava]

Is there anyway they could continue dating and find some way around it?/

He can also find himself subjected to a restraining order and/or charges of contributing to the delinquency of a minor.

And if for some God Forsaken reason, someone claims Statutory Rape, does the minor have to "agree" to the claims presented, or does their guardian have all say?

If there is evidence or statements to the fact that they are having sex, then that would be all that is required. And, I know that teenagers never believe this, there is a good chance she'll get pregnant ... and that's pretty darn good evidence.

This is a serious concern to them as well as myself, and need some legal advice on how to approach the situation. Any advice and information presented would be greatly appreciated!

Unless he wants to go to jail, they need to stick with handholding and hugs until she's 18 and WITH mom and dad's permission.

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.



- Carl

 

[CdwJava]

Actually Carl, read the original post again

Yeah - he won't be 18 for a bit. I saw.

Unfortunately for junior, CA law does not specify that the person having relations must be an adult. It says, "any person ..." And when I worked Juvenile Crimes, we used to prosecute for it.

Also, unfortunately for junior, it is the male that generally gets charged ... something to do with the fact that the act of penetration is accomplished by the male. If the female penetrates the male with an object, there is yet another offense for that.

- Carl

 

[BelizeBreeze]

Just to clarify, the boy has not yet turned 18.

 

[CdwJava]

Just to clarify, the boy has not yet turned 18.

In CA it doesn't matter as the law is currently written and applied.

- Carl

 

[rmet4nzkx]

Just to clarify, the boy has not yet turned 18.

That is why his parents are saying that he has to break it off, because while it is ok now with both minors, when he does turn 18 he can be charged with Statutory rape because then the elements of CPC 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.


will then be present.

 

[BelizeBreeze]

That is why his parents are saying that he has to break it off, because while it is ok now with both minors, when he does turn 18 he can be charged with Statutory rape because then the elements of CPC 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.


will then be present.

Except that there IS NO "Statutory Rape" law in California

 

[CdwJava]

Except that there IS NO "Statutory Rape" law in California

That's because they renamed it from "Statutory Rape" to "Unlawful Sexual Intercourse" some years back. For most of us investigating these things, it ws learned as "Statutory Rape" ... and, of course, they could call it "Fun Times with Minors" and it would still mean the same thing.

- Carl