Legal Question in Criminal Law in California

Satuatory Rape

A female friend of mine was recently presented with photographic evidence from a P.I. of her engaging in sexually intercourse with a male who at the time was either 15 or 16 years of age. She did not know this and at the time she was between 21 and 23 years of age. The P.I. was hired by her live-in boyfriend. If legal action were to be taken against her for this, what could potentially happen to her?


Asked on 9/17/07, 11:28 am

3 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Satuatory Rape

First order of business is to make the live-in boyfriend an ex-boyfriend.

Your message indicates both Arizona and California. So, this response is only related to California law. What could potentially happen to her depends on how long ago the relationship occurred and the strength of the case.

The most important thing to do is to not try to explain the situation and say nothing about it. She has no obligation to respond to questions from the P.I. and she should be very concerned about a boyfriend who is engaging in this type of activity.

This is a serious crime for which a conviction could result in jail and a possibility of lifetime registration as sex offender.

She should consider consulting a criminal defense attorney in her area sooner rather than later so she knows how go forward from here.

Good luck to your friend.

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Answered on 9/18/07, 1:14 pm
Jay Leiderman Leiderman Devine LLP

Re: Satuatory Rape

If she believed that the person was not under 18 years of age, she would not be guilty of a crime. Statutory rape requires actual or reasonable knowledge of age. She should consult with an attorney before answering any questions.

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Answered on 9/17/07, 2:09 pm
Terry A. Nelson Nelson & Lawless

Re: Satuatory Rape

You already answered the question: if she was aware he was a minor, it's statutory rape, prison time, etc. If she is charged in SoCal courts, have her contact me if serious about defense.

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Answered on 9/17/07, 2:55 pm


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