Legal Question in Criminal Law in California

Statutory Rape

My 20yr.Son was recently arrested for coporal injury on a spouse or cohabitant. Out on bail..Court date set..he is now charged w/Disturbing the peace(athishome)...coporal injury...And ..Sex w/a minor..His 17yr.Girlfriend and their 22month Son lives w/him.Back at Court...he is being charged w/Statutory Rape...the other 2 charges have been dropped. they assure him in 6months..this ''Misdemeanor''..will be erased.?. My son has never been in any trouble before this...

What does all this stuff mean?...thank-you for your time..


Asked on 8/25/01, 12:40 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Statutory Rape

It means that your son is in trouble and that a series of acts by your son violated several penal code provisions. And he was charged with a few. Some were apparently dropped, and then he's been recharged with some others added. And they may be changed again until the D. A. that will be assigned to try the case gets it. Or if these originally are charged as a felony the Preliminary Hearing is finished, the charges may be changed again.

The fact that your son has never been in trouble before is more of a factor of the fact that he hasn't been caught before. He's been having sex with and fathered a child by a minor. He could have avoided this originally by marrying her. He wasn't smart enough to do that. It's the same sexual act. However, its the difference between playing the game by the rules and not playing the game by the rules.

He is not a Three Strike candidate at this time, but he is working his way in that direction.

When he gets done with this case and pleads, or is found guilty after a trial to even a misdemeanor on the co-habitant violence, he'll never be permitted to own or carry a gun for recreational or employment purposes. If he's convicted of a felony and goes to prison for awhile. His employment opportunities will be limited.

Hopefully he'll wise up after this is over.

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Answered on 9/04/01, 3:55 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Statutory Rape

Thanks for your email. You asked "what does all this stuff mean", which I think means what do the charges of (1) corporal injury on a spouse or cohabitant, (2) disturbing the peace and (3) sex with a minor, mean.

The first charge alleges what is normally termed "domestic violence". The second is a general crime alleging disturbance to the use and enjoyment of the general area where he was, and the third, statutory rape, means he had sex with a minor not his wife under the age of 18.

It sounds as though your son is being dealt with in Juvenile Court. If a misdemeanor, it is not normally automatically erased, unless you ask it for.

You did not give a lot of details, but if you'd like, I'd be happy to go over details with you. Please email me or call at 714-568-1560.

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Answered on 9/04/01, 5:00 am


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