Legal Question in Criminal Law in California

Underage pregnancy and statutory rape

I understand that according to the law, an 18 year old male having sex with a 16 year old female is considered statutory rape. However, if she is pregnant by him, does this change the way their relationship is viewed within the context of the law? Furthermore, if they decide to no longer continue the relationship, does this make him vulnerable to prosecution? Is there a statute of limitations? Is there any way for him to leave her without being subject to prosecution?


Asked on 7/01/05, 10:48 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Underage pregnancy and statutory rape

The relationship of the male and underage female after the sex occurs does not affect the potential for criminal prosecution of the male. The exception to this could be the marriage of the male and female. The age difference between the male and female is a factor that has some affect on the attitude of the prosecution. The greater the difference in age the greater the possibility of a prosecution.

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Answered on 7/02/05, 9:56 pm


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