Legal Question in Discrimination Law in California

age

I want to know if theres some sort of law saying that if thers a girl thats 16 its ok for her to date a guy thats two years older even though hes 18 and considered an adult. (there both in highschool)


Asked on 11/20/08, 4:37 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: age

I am by no means an expert in this field, but as I understand it, so long as there is no physical relationship (intercourse), then the emotional relationship (dating) does not violate the law. Problem is, however, that there will always be a cloud of suspicion surrounding that relationship, and given the emotional maturity of people 16 and 18 years old, all it takes is one "revenge" accusation, and regardless of whether intercourse actually happened, the male will likely find himself on the receiving end of a criminal complaint for statutory rape. I'd suggest that even if what they are doing is perfectly legal, and no inappropriate conduct is taking place, realistically the relationship is a poor choice on both of their parts, and may put the male at jeopardy even if he is 100% innocent. Innocent people get charged with crimes regularly, and if you can avoid even the appearance of criminal conduct, you increase your odds of not being charged dramatically.

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Answered on 11/20/08, 4:52 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: age

I am an expert in the field. Young love happens. I am happily married to my high school sweetheart, and the stuff we did then would probably get me thrown in the slammer if it happened in the present era.

Statutory rape accusations usually occur in three ways: 1, the relationship sours; 2, her parents object; and/or 3, she gets pregnant.

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Answered on 11/20/08, 5:00 pm
Terry A. Nelson Nelson & Lawless

Re: age

Of course not. The law certainly doesn't say 'it is ok'. The law also doesn't say it is illegal to date and socialize. That is up the the parents. However if there is any kind of sexual activity, he faces arrest for the crime of statutory rape, and prison time.

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Answered on 11/20/08, 6:32 pm


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