Legal Question in Criminal Law in California

Re: statutory rape

If the couple is not having sex then the boyfriend is not committing statutory rape. The fact that your ex makes an accusation will not be enough to get the police or D.A. interested in prosecuting, and if there is no prosecution no one will force anyone to have any kind of tests.

You ask whether in-court statements by the couple that they are not having sex will be enough to prevent charges from being brought, but this is not how things work. Courts don't bring charges; prosecutors do. The principle of separation of powers means that courts can neither instigate nor prevent prosecutions, so there is nothing a court could do to prevent charges from being filed. Besides, until a case is opened, there is no way anyone can go to court and testify.

If your ex can show convincing evidence that the couple has been having sex the prosecutor might take action, but unless your daughter becomes pregnant or complains about her boyfriend there is not much chance that the prosector to do anything.

Even if the boyfriend is charged, there is little chance your daughter will be ordered to undergo any kind of testing. After all, what would such a test prove? Unless she becomes pregnant, there is no test to show she has had sex or with whom. Besides, the law seldom imposes serious burdens like this on the victim of a crime.

I suppose she could be examined soon after intercourse for the kind of evidence generally used in forcible rape cases (semen, hair, etc.), but how your ex would know when to do this is beyond me. Besides, presumably your daughter would not want such a test and I very much doubt that anyone would subject an unwilling teenager to these procedures.

If your daughter becomes pregnant and if the boyfriend is charged but does not admit to being the father, he would be entitled to demand a paternity test. After all, before he could be convicted the prosecutor would have to prove beyond a reasonable doubt that the boyfriend actually is the father, and the boyfriend is entitled to evidence for his defense. I am no expert on such things, but I believe paternity tests are normally performed on the baby after birth and not on the mother during pregnancy. Here again, your daughter is unlikely to be forced to have any unwelcome tests.

Re: statutory rape

He is not the one that determines who to prosecute and who not to prosecute. Many District Attorney's offices do not prosecute statutory rape cases when the parties are both teenagers and close in age. However they should be aware that any sexual conduct is risky to both of them. He could also be facing prison if prosecuted and convicted.