Legal Question in Discrimination Law in California
under age dating
i am gay and i am 16 i was going out with a 22 yr old but a cop stoped us last week and he kinda got afraid so he said he needed time to think , my mom approves us but he says that he can still get in trouble but ive heard it works different with a gay couple ...i dont know what to believe ..just confused =/
2 Answers from Attorneys
Re: under age dating
It's called statutory rape. He's right.
Re: under age dating
Attorney Lemmons is correct - if you two are having a sexual relationship, then your partner is guilty of statutory rape regardless of whether you consent or even your mother consents. The crime is a "strict liability" type of crime - if you have ever had sexual relations, then he is guilty with no possible defense. Being gay has absolutely no bearing on whether its a crime or not, and in fact if this were to come before a jury he might be in a worse position given societies stereotyping certain groups. I'm very sorry to say that continuing that relationship is a very dangerous thing for him to do.
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