Legal Question in Criminal Law in California

Among two consenting adults, is the friends with benefits situation illegal in the state of CA? Is it legal for the family of one party to press charges?

Asked on 9/10/13, 9:13 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Sexual relationships between consenting adults are legal. Since it is not a crime, there can be no "charges" as a result. It's also hard to imagine how one partner's family could have a viable civil claim against the other partner, unless the claim is based on more than the relationship.

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Answered on 9/10/13, 12:07 pm

Terry A. Nelson Nelson & Lawless

Adults can do such 'immoral' but legal acts as long as both consent and neither complains to police later. Family members or others could complain to police that 'consent' was not real and that a crime of rape or sexual abuse occurred. A criminal investigation might occur. You'd better hope neither party changed their mind after the fact about 'consent'.

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Answered on 9/13/13, 1:33 pm

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