Legal Question in Criminal Law in California

If a 19 year old woman gets pregnant by a 15 year old boy but it is consentual and parwnts are okay with it?


Asked on 8/11/09, 1:38 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

The 19 year old woman could be arrested for criminal conduct. The consent of the parents of the boy will not prevent the prosecution. A 15 year old cannot legally consent to sexual relations. When the child is born if the father is present and the hospital staff learns of his age they may report this to the police. The age difference is 4 years thus the charge is likely to be a misdemeanor. The risk is that even with a misdemeanor you could be ordered to register as a sex offender. One possible solution would be for the two of you to marry. There is an exception to the sex statute is that sex between married persons is legal, regardless of their ages.

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Answered on 8/11/09, 1:59 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with the first part of Mr. Johnson's answer, but I'm not sure about the second. He's right that an adult who is legally married to a minor can legally have sex with him or her, but I don't see how getting married *after* they have sex could retroactively legalize an act of statutory rape. It might make the government less eager to prosecute the case, but that's not the same thing as ratifying their prior conduct.

Additionally, a minor can only marry if his parents consent. Even then, I'm not sure a 15-year-old can do so; there must be a minimum age, and it might be 16.

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Answered on 8/11/09, 1:29 pm


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