Minor dating laws in california
Some states allow an exemption from statutory rape prosecutions for young adults and older minors who are near to one another in age – for example, an 18-year-old with a 17-year-old.
However, this exemption is partial – it only reduces the statutory rape charge from a felony to a misdemeanor, and no exemption is offered to an older person who may have abused a position of authority, such as a coach or a teacher who has had a sexual relationship with a young athlete or student.Up to one year in county jail; Up to one year in a county jail or imprisonment in the state prison for two, three or four years; Up to one year in county jail or imprisonment in the state prison period unspecified. After all, it's not like your sister would announce she's having sex if that were the case.The minor's parents can always file criminal charges if they feel like doing so. You can do searches for sex offenders through search engines. So, make sure she knows that he can get in trouble if things go too far.The average age difference between a teen victim and an adult defendant in California statutory rape cases is seven years, nine months.Some states like New York have different laws, so contact a New York criminal lawyer.While it is a reality that many California teenagers are sexually active, according to one California court, “that fact alone does not establish that minors have a right to privacy to engage in sexual intercourse.” Thus, in the state of California, it is against the law for a legal adult – someone age 18 or older – to engage in sex with a minor – anyone below the age of 18 – even if the sex is “consensual.” Adults who break that law can be charged with statutory rape.
Statutory rape laws presume that minors are incapable of consenting to have sex.
Sexual assaults may also be prosecuted under the state’s assault and battery laws and child enticement and abuse laws.
However, to win a conviction in a statutory rape case, a California prosecutor does not need to prove that any assault, force, or coercion was involved – it is still rape.
If you are charged with statutory rape in this state, whether or not you are actually innocent or guilty as charged, you’ll require the advice and services of an experienced Orange County criminal defense attorney – someone who has defended statutory rape defendants previously and who knows how to represent you effectively.
Our lawyers understand the criminal court process in this county inside and out, and are well prepared to take on your case to obtain the best outcome possible.
If you want a law school education on the hundreds of code sections [laws] that apply, start at the local Law Library and read the California Penal Code entp dating entj. What happens after a minor gets caught shoplifting? The age of consent in California is based on the following statutes from the California criminal code:. It's unlikely he would be prosecuted simply for having a relationship with nothing but kissing and holding hands.