Legal Question in Criminal Law in California

Re: Minors involved in foreplay

The answer is "yes," but there is much to explain. It is complicated, but think of this as though the act were any other crime (it is a simple fact that it is a crime to insert a finger into a girl's vagina for the purpose of arousal without valid consent). It is important to understand that unless the girl is 18 years old or older, she does not have the legal capacity to give consent. For the moment, think of it as any other crime having been committed by a 16-year-old. Can he be convicted? Of course. But this is much more serious than a theft.

The juvenile offender could be dealt with in juvenile court in "delinquency proceedings," or he could be sent to adult criminal court. Juvenile Court is considered a civil, rather than a criminal forum, even though it adjudicates violations of criminal laws by minors. There is no finding of "guilt" in juvenile court, and no conviction within the meaning of the adult scheme, except for purposes of Three Strikes and a few other ancillary factors.

Nevertheless, if adjudicated, the minor could be kept in the juvenile hall or Cal. Youth Authority until the age of 25. Sounds like punishment to me.

If a minor is age 14 -17 when he allegedly committed this crime, a fitness hearing may be held in the juvenile court to determine whether the minor is amenable to treatment in the juvenile system. If not, he'll be tried as an adult.

There is more info on my website about the juvenile process itself, and I encourage you to check it out. You may feel free to contact me if you have any further questions or need my assistance. I wish you luck.

Kindest regards,

Jacqueline Goodman Rubio

www.californiadefenselawyer.net

(714)879-5770 office; (714)612-7865 cell.

Re: Arrest laws forUnderage teens engaging in sexual acts

The answer to your question is YES. please call me TODAY! he potential criminal liability here is horrible.

Re: Arrest laws forUnderage teens engaging in sexual acts

Statutory Rape, Child Molestation, Assault and Battery, etc. He faces serious jail and other problems if the girl reports this and he is arrested. He needs an attorney promptly, do not discuss the facts with anyone, including any police or other investigators. People convict themselves 95% of the time. Contact me if interested in getting help.