Legal Question in Criminal Law in California

Re: statutory rape

Thank you for your inquiry.

The simple answer to your question is YES, so long as he has sex with her. Because the law presumes that persons under the age of 18 cannot even give consent, nothing the underage minor does or says matters. The fact that she is under age 18 makes the sex unconsensual, i.e., rape.

I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to email me directly anytime at [email protected]. I�m happy to help in any way that I can.

Re: statutory rape

Yes. The issue with statutory rape (sexual intercourse with someone under 18) is the age of the people involved. Statutory rape is defined as sexual intercourse with a person who is not your spouse and is under 18 years of age. PC 261.5. The Penal Code is written such that anyone having sex with a minor (someone under 18), including another minor, could be charged with statutory rape. Either a guy or a girl could be charged if the partner is under 18, or if they are both under 18.

Re: statutory rape

Whether or not a male is guilty of statutory rape has NOTHING to do with HIS age.