Legal Question in Criminal Law in California

Statutory Rape

We've all heard that 16-year-old Jamie Lynn Spears, the younger daughter of Britney, is pregant from her 19-year-old boyfriend.

Since her boyfriend is an adult and she's a minor, why isn't anyone looking toward prosecuting her boyfriend for statutory rape? Or does that law apply only to people not rich or famous?

I've been told that the girl's mother can refuse to have charges pressed against the person which prevents the DA from prosecuting. Is that true?


Asked on 12/20/07, 9:58 pm

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

Re: Statutory Rape

The news story I just checked says that Spears (presumably Britney's sister, not her daughter) lives in Louisiana, and that her boyfriend is 18. Assuming that they were in Louisiana when Spears became pregnant, Louisiana law would determine whether this was a case of statutory rape and the extent to which the wishes of Spears' mother would impact the D.A.'s decisions.

A key issue is where Spears and her boyfriend were when they had sex. Any prosecutor who tries to bring a case wil have to be able to prove beyond a reasonable doubt that it happened in his state. (And, of course, that state would have to have made it a crime for an 18-year-old boy to have sex with a 16-year-old girl.) If the couple travels a lot, this may be impossible to do.

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Answered on 12/20/07, 10:58 pm
Allen Farshi Law Offices of Allen Farshi

Re: Statutory Rape

If the alleged rape took place in California, then it can be prosecuted under California Law. Proving that the rape took place in California however is a tall order. As for the mom, she can not refuse. The rape victim becomes a witness in her own case and the people of the State of California the plaintiff.

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Answered on 12/22/07, 3:33 am


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