Legal Question in Discrimination Law in California

under age dating

i am gay and i am 16 i was going out with a 22 yr old but a cop stoped us last week and he kinda got afraid so he said he needed time to think , my mom approves us but he says that he can still get in trouble but ive heard it works different with a gay couple ...i dont know what to believe ..just confused =/


Asked on 12/07/08, 11:41 pm

2 Answers from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: under age dating

It's called statutory rape. He's right.

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Answered on 12/08/08, 12:11 am
David Gibbs The Gibbs Law Firm, APC

Re: under age dating

Attorney Lemmons is correct - if you two are having a sexual relationship, then your partner is guilty of statutory rape regardless of whether you consent or even your mother consents. The crime is a "strict liability" type of crime - if you have ever had sexual relations, then he is guilty with no possible defense. Being gay has absolutely no bearing on whether its a crime or not, and in fact if this were to come before a jury he might be in a worse position given societies stereotyping certain groups. I'm very sorry to say that continuing that relationship is a very dangerous thing for him to do.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/08/08, 2:46 pm


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