Legal Question in Family Law in California

rape

can a family member make an accusation that another family member was raped by her baby's father if sexual contact was consenual?


Asked on 10/10/03, 4:10 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: rape

Consensual sex is not rape!!! If the female was under 18 years of age the law says that she cannot consent to sexual intercourse. Thus reuslting in the act becoming nonconsual and thus rape.

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Answered on 10/10/03, 8:33 pm
Donald Holben Donald R. Holben & Associates, APC

Re: rape

Question is, was it rape or consensual. Up to jury/judge to decide on evidence. If victim was minor, no question as minor cannot consent.

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Answered on 10/13/03, 11:34 am


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