Legal Question in Criminal Law in California

statutory rape

Is it statutory rape if 1 parent says the 13 year old can sleep with her 21 year old boyfriend? What if that Child becomes pregnant? Does the other parent have any options? Does it make 1 parent unfit?


Asked on 11/07/07, 5:20 pm

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

Re: statutory rape

Sex between an adult and a minor is statutory rape regardless of whether the parents approve. Whether such approval would make a parent unfit is a question of family law, not criminal law. My sense is that it would, though there might be unusual circumstances in which it would not.

I'm not sure what you mean by "options" for the other parent. Since the first parent's approval has no legal effect, it would not alter the second parent's legal position.

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Answered on 11/07/07, 5:41 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: statutory rape

In California an adult who consented to this situation might well be charged with being an accessory to statutory rape, and both parents would probably lose custody of the child.

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Answered on 11/07/07, 6:44 pm


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