Legal Question in Criminal Law in California

Yes, the 20 year old potentially faces felony unlawful sexual intercourse (a.k.a. statutory rape) charges.

"Dating" isn't the issue - it's the sexual relationship. If the parents knew sex was happening, yes - they could face child abuse or other charges.

I agree with Mr. Dane. Parental consent does not make it legal for an adult to have sex with a minor -- and it does leave the parents open to serious charges themselves. (Of course, consent to *dating* does not imply consent to sex.)

The 20-year-old needs a lawyer right away, and he should not speak with the police (or anyone else) about the case until he has one. He risks not only a lengthy prison term but a lifetime of being registered as a sex offender. That will make him virtually unemployable for the rest of his life, and will also severely impact him in other aspects of his life. And time behind bars is particularly unpleasant for inmates convicted of sex crimes involving minors.

The girl's parents should also consider getting a lawyer (or two) if it even appears that either (or both) of them may have consented to the sexual relationship.

The adult faces multiple felonies, including statutory rape. Dating is not 'illegal', sex with a minor is. The parents risk felonies and loss of custody of all minors in the family for their negligent parenting. If he or they are serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

The offense is probably chargeable under Penal Code section 261.5(c), which defines the offense as a "wobbler" in that it can be charged either as a felony or a misdemeanor. If well represented, and if the "victim" and her parents are comfortable with it, the 20-year-old fellow could probably plead to a single misdemeanor count, pay the civil penalty described in 261.5(e)(1)(C), and get probation. Also, while I am not a criminal defense lawyer (I am a former public defender law clerk), I do not believe a misdemeanor offense under 261.5(c) requires registration as a sex offender. The KEY to a less-than-awful result for the young man is good legal representation and a plea bargain.

The 20 year old faces the possibility of charges of 261.5 pc (Statutory Rape) and potentially other charges...all different variations of sex with a minor. It's clear the 20 year old should seek legal counsel YESTERDAY.....The only 4 words he should say to law enforcement are, "I want a lawyer." The parents could be charged with contributing to the delinquency of a minor and could get a visit from Department of Children's Services. All should seek counsel...NOW...I wish you well...David Wallin