Legal Question in Criminal Law in California

The situation is the minor is 17 years old, the next day is her 18th birthday. She and her mothers boyfriend get drunk on margaritas and end up having sex. Is this statutory rape? If so what are the consequences?

Asked on 6/18/13, 6:34 pm

3 Answers from Attorneys

John Laurie Gertz and Laurie
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Has someone been charged with a crime and if so what were they charged with

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter or retainer agreement hiring me or my firm.

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6/18/13, 10:31 pm
Edward Hoffman Law Offices of Edward A. Hoffman
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It is if it happened before midnight, which is when she reached the age of consent.

I would need more information before I could say what sentence the boyfriend might receive if he's convicted. But even if the prosecutor finds out about this, she might not bring charges -- especially if she can't prove beyond a reasonable doubt that it happened before midnight.

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6/19/13, 10:40 am
Anthony Roach Law Office of Anthony A. Roach
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Yes, it is statutory rape. I can't tell you the range of penalties, however, unless I know how old the boyfriend is.

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6/20/13, 5:07 pm

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