Legal Question in Juvenile Dependency in California

What are the consequences for a 19 year old if he has sex with a 15 year old, if the couple had parent permission to have intercourse? And now the 15 year old is pregnant.


Asked on 10/03/09, 2:03 pm

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

The 19 year old can face felony unlawful sexual intercourse charges (a.k.a. Statutory Rape) under Penal Code section 261.5.

The parent's permission doesn't matter. The 15 year old is too young by law in California to give consent and her parents can't consent for her. The pregnancy will be the proof of sexual intercourse the DA needs to prosecute.

As to the 15 yr old's parents - by knowing about a sexual relationship and allowing it (or encouraging it), they potentially have criminal liability as well as issues with Child Protective Services.

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Answered on 10/04/09, 2:58 pm


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