Legal Question in Criminal Law in California

CA statutory rape
My 18 yr old son recently moved out of our home and is living/sleeping with his 16 yr old girlfriend (with the mother in her residence). Both parents of the girl have agreed to this (parents are divorced). I am very concerned regarding the CA statutory rape law. My son insists nothing will happen. Should I be concerned? Should I have the parent sign some sort of consent form?

Asked on 3/13/09, 3:53 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: CA statutory rape

If your son and his girlfriend don't engage in sexual conduct (which includes more than just intercourse) then there will be no problem from a legal standpoint. In the real world, of course, teenagers aren't likely to retrain themselves for very long.

You're right to be concerned. An 18-year-old who has sexual contact with a minor is guilty of statutory rape (that term is no longer used in California, but the crime is still on the books by a different name). A "parental consent form" wouldn't help, since a parent cannot consent to the rape of his or her child. If the girl's parents approve of her having a sexual relationship, then that is what they are doing.

I'm not sure what you can do about this, since your son is legally an adult. For the same reason, I don't see how you can be held legally responsible for anything that may happen. You may want to write or email your son about your concerns and keep a copy of what you send him, just in case anyone later investigates your role in this.

Answered on 3/13/09, 4:03 pm

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