Legal Question in Criminal Law in California

Statutory rape and child custody

A male friend, age 28 was just granted full custody of his 7 year old daughter. The mother became angry because this meant she would no longer receive child support (she had given him custody previously, but continued to collect child support). She is 22 years old. She has now filed statutory rape against the father, and he turned himself in. His bail is $40,000. What can he do in his defense? The consensual affair happened over 7 years ago.


Asked on 10/20/04, 5:44 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statutory rape and child custody

Your facts are a bit unclear, but I presume the ex-wife is the alleged victim.

Your friend needs to get a lawyer. Saying that the affair was "consensual" won't work, since the law says 15-year-olds can't consent to sex. That's what the term "age of consent" means -- no one below that age can consent to sex.

Depending upon the specific timing involved, your friend may be able to invoke the statute of limitations. There may be other viable defenses he could use as well. But the "she consented" approach is doomed to fail spectacularly.

If he's thinking of doing this on his own then he is asking for trouble. He needs to get a lawyer, and he needs to do it now.

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Answered on 10/20/04, 6:07 pm
Terry A. Nelson Nelson & Lawless

Re: Statutory rape and child custody

If charges are filed and court date set, then he has to hire an attorney to help defend him, asap. Contact me if interested in discussing the facts and defenses available.

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Answered on 10/25/04, 3:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Statutory rape and child custody

He needs to retain a good criminal defense attorney right now.

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Answered on 10/22/04, 12:57 pm


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