Is this statury rape??????

Question

my cuz is 21yrs old & is dating a 17yr old girl she is know pregnant. shes almost 18 but will not be 18 by the time the baby is born what can happen to him? is it her deciscion to press charger or can they be pressed since shes gonna be 18? since her parents dont knw that they are going out or that shes pregnant what can they do? if chargess press how long is looking at for this kind of act? this is in california ?

Answer 1

It depends on the age of consent in your state. In most states, if you have sex with someone under 18, you can be prosecuted for statutory rape even if the teen doesn't press charges.

The reality is that this doesn't happen often because the scenario you describe is so common. But the state attorney can probably prosecute of they wish.

Your question really depends on the state you live in, though. There is no "generic" answer.

Answer 2

It appears the age of consent for sex in California is 18, so yes, it could be considered statutory rape. Charges can be pressed without her consent and since it is a statutory crime and she is pregnant, it would be fairly easy to prove with a DNA test of the child.

Answer 3

I believe 18 is the legal age of consent in California. If that is true, then her parents can press statutory rape charges against your cousin. However, the fact that she is 17, almost 18 will probably work in his favor as far as beating the charges in court. A district attorney might also decide not to prosecute. It's really a crapshoot - your cousin should probably seek legal counsel.

Answer 4

In California the law requires hospitals to report a statutory rape any time an unmarried and underage girl gives birth and the father is known to be a legal adult. The only way out of this is if the girl says she doesn't know who the father might be.

Answer 5

Its not when baby is born its when was the sex act! CA age of consent is 18 so yes he could be in trouble

Answer 6

check this out, it's a state by state age of consent chart:

http://teenadvice.about.com/library/weekly/qanda/blageofconsentchart.htm

Answer 7

There is no such crime as Statutory Rape in California. The offense is covered under the following:

California Penal Code: Section 261.5 Unlawful Sextual Intercourse
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.

ADDED: Also, for educational purposes, AGE OF CONSENT is NOT the Only factor. The age of BOTH parties and the difference in those ages is a PRIMARY factor in the charges.

In California, the 'victim' can be a minor while the adult can be older than 18 and no crime will have been committed.

Answer 8

I think consent is legal and legitimate when you are 17yo. Although I am not from Cali.