Legal Question in Criminal Law in California

My boyfriend was 20 years old when he had sexual relations with a 16 year old. Once her parents found out how old he was, they pressed charges for statutory rape against him. There is a warrant out for his arrest, but they haven't come for him yet, and he has no desire to turn himself in because he is going to school and doesn't want to fail all his classes.

I have a couple questions:

1) The girl will be 18 in the next 6 months or so, and I am wondering if she would be able to drop the charges herself against him, because she is very mad at her parents for ruining his life, when he was nothing but nice to her. (I know it is still statutory "rape" whether it was actual rape or not, but I am just saying this because I am sure she would drop them if possible.)

2) If he is arrested, what could his possible punishment be? It is his first offense. Would there be jail time? Would he become a registered sex offender?

Thank you for your time!


Asked on 8/05/10, 11:40 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Individuals cannot "press charges" or drop them. Only the District Attorney can file a criminal case; once it's filed, only a judge can dismiss it.

California Penal Code 261.5(c), unlawful sexual intercourse with a person more than three years younger than the perpetrator, is a "wobbler" that can be charged as misdemeanor with a maximum punishment of a year in jail or a felony with the potential for up to three years in state prison.

It does not carry mandatory sex offender registration. Judges in California can order sex offender registration for any offense that was committed for sexual gratification, but it's probably unlikely a judge would order registration under these circumstances.

Ignoring the warrant won't make this case go away. Your boyfriend should hire a lawyer to help him take care of this case.

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Answered on 8/11/10, 12:12 pm


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