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

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

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Answered on 6/18/13, 10:31 pm

Edward Hoffman Law Offices of Edward A. Hoffman

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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Answered on 6/19/13, 10:40 am
Anthony Roach Law Office of Anthony A. Roach

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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Answered on 6/20/13, 5:07 pm

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