Need advice in Cali!!

[Alex1176]

Alex, no matter how you slice it, rape occurs when there is sex without consent. That does NOT just mean forcible rape - it also means when one of the actor is unable to giving consent. A 16 year old in CA by law MAY NOT give consent for sex. Therefore, this is sex without consent. Therefore, it is rape by law whether you like it or not.

1. John 19 y.o. dating Jenny 16 y.o. and they are having sex.
2. Danny 19 y.o. saw 16 y.o. Susan walking at the street at night, dragged her to the bushes while she is screaming and raped her.
So, you want to tell me that 1&2 Is the same, and that John and Danny will be prosecuted under the same penal code chapter and will get similar punishment?
No, I don't think so. Yes, both 1&2 are crimes but there is leveling.
2 is worse that 1 morally and legally, and we should not make them the same.

 

[mistoffolees]

1. John 19 y.o. dating Jenny 16 y.o. and they are having sex.
2. Danny 19 y.o. saw 16 y.o. Susan walking at the street at night, dragged her to the bushes while she is screaming and raped her.
So, you want to tell me that 1&2 Is the same, and that John and Danny will be prosecuted under the same penal code chapter and will get similar punishment?
No, I don't think so. Yes, both 1&2 are crimes but there is leveling.
2 is worse that 1 morally and legally, and we should not make them the same.

No one said that the two were the same thing.

That doesn't change the fact that OP's roommate is committing a crime, though.

 

[CdwJava]

Okay, let me clarify ... technically, the roommate is not committing "rape." Rape is a forcible act or the exercise or power or control over another through a sexual act, it is not, per se, sex. This does not appear to be a case of force or power, but lust and mutual mutual benefit (for him, sex; for her, someplace to escape). CA defines this as unlawful sexual intercourse and does not characterize it as a rape.

PC 261.5 can be charged as a misdemeanor or felony if the older party is more than three years older. It is a misdemeanor if less than three years difference. No matter which charge, it is not a registerable sex offense in CA.

The OP can be charged with one or more crimes. The roommate as well - though his are more serious.

 

[Alex1176]

Okay, let me clarify ... technically, the roommate is not committing "rape." Rape is a forcible act or the exercise or power or control over another through a sexual act, it is not, per se, sex. This does not appear to be a case of force or power, but lust and mutual mutual benefit (for him, sex; for her, someplace to escape). CA defines this as unlawful sexual intercourse and does not characterize it as a rape.

PC 261.5 can be charged as a misdemeanor or felony if the older party is more than three years older. It is a misdemeanor if less than three years difference. No matter which charge, it is not a registerable sex offense in CA.

The OP can be charged with one or more crimes. The roommate as well - though his are more serious.

Sir, as a Nor Cal police officer, can you please tell, does those crimes are prosecuted toughly by the DA? Do people without previous issues with the law really get jail time for this kind of age difference?

 

[davew128]

Sir, as a Nor Cal police officer, can you please tell, does those crimes are prosecuted toughly by the DA? Do people without previous issues with the law really get jail time for this kind of age difference?

I don't see that as particularly relevant. This isn't a citizen's arrest of battery for pushing someone at a bar or disorderly conduct where it's not going to be prosecuted.

Do you REALLY think illegal sex with a minor under the law is going to get a blind eye from the authorities in today's environment?

 

[cyjeff]

There is also a vast difference between a single incident and the routine commission of a crime over and over.

 

[sbrooks]

There is also a vast difference between a single incident and the routine commission of a crime over and over.

From a strictly moral aspect, which is worse? For a 19 year old to find a minor, have sex with her once, use her and dump her, or for two people to be in a committed relationship that is legally inappropriate. I can't imagine a judge looking for kindly on a one-time event vs a repeated offense in this case.

Also since a lot of people have put in their 2 cents here, I thought I'd give you all an update. After some research, I found that since I'm NOT a mandated reporter, I am not required by state law to report ANYTHING. As a matter of fact, according the Lewin Group even a mandate reporter isn’t required to report this. They have a Statutory Rape guildbook online that states:

"However, mandatory reporters are only required to report
consensual sexual activity involving minors under the following circumstances:

• Unlawful sexual intercourse when the victim is less than 16 years of age and the defendant is at least 21 years of age.

• Lewd or lascivious acts between a minor less than 14 years of age and another minor of disparate age.13

• Lewd or lascivious acts where the victim is between 14 and 15 years of age and the defendant is at least 10 years older than the victim.

• Sexual penetration where the victim is less than 14 years of age and the defendant is more than 10 years older than the victim."

The citation they used was California Penal Code Section 11165.1 which is where sexual abuse is defined. I read it and couldn't find anything saying what was stated above, so I can only assume that there is some precedence for their statement. I would like to reiterate, that I do not think there is an ethical violation going on between my roommate and his girlfriend, just a legal one, so if you are going to come back at me with attacks about how horrible a person he is and I am for allowing him to roam free, save it. I AM concerned with doing the right thing legally so if you have information contradicting what I've found, PLEASE let me know.

So since I am NOT required by law to report them, the only risk I was taking was allowing to happen where I live. Of course, I couldn't technically ban anyone he wants to coming over, but as I said before my roommate is a decent person and telling him the risk he was putting me in was enough to get a promise out of him to stop the visits. Which apparently led to a fight between the two of them where she broke up with him yesterday. Of course we all know what teenager break ups are like so I don't necessarily expect that to last, but I think I satisfy all the legal requirements of me, right?

 

[mistoffolees]

From a strictly moral aspect, which is worse? For a 19 year old to find a minor, have sex with her once, use her and dump her, or for two people to be in a committed relationship that is legally inappropriate. I can't imagine a judge looking for kindly on a one-time event vs a repeated offense in this case.

From a strictly moral aspect, which is worse - stabbing someone with a knife or spitting on them, kicking them, and then stabbing them with a knife?

Answer? They're both illegal.

 

[CdwJava]

Sir, as a Nor Cal police officer, can you please tell, does those crimes are prosecuted toughly by the DA? Do people without previous issues with the law really get jail time for this kind of age difference?

For the felony? Yes. For the misdemeanor, typically, no.

There are a lot of considerations that might go into the evaluation.

 

[CdwJava]

So since I am NOT required by law to report them, the only risk I was taking was allowing to happen where I live.

No one ever said YOU were mandated to report them. You can, however, be charged with allowing it to happen ... read PC 272.

Of course, I couldn't technically ban anyone he wants to coming over, but as I said before my roommate is a decent person and telling him the risk he was putting me in was enough to get a promise out of him to stop the visits.

Sure, you can choose to permit the activity, just as you might choose to permit illegal drug use. However, your refusal to act on the activity can place you in legal jeopardy. But, you are right, you do not have to report it and you are free to run the risk of a criminal allegation made against you. Your call.

I suspect that your contractual obligation with your roommate does not include permitting unlawful activity that will place you in jeopardy.