Legal Question in Sexual Harassment in California

My boyfriend is 17 and turning 18 in 2 weeks. I'm 16 and turning 17 in three weeks. We live in California.

Is it true that since we've had intimate relations since we were 17/16 that if we continue to do so once he's 18 it could not be prosecuted as statutory rape (like if a parent did)?


Asked on 2/04/12, 11:42 pm

2 Answers from Attorneys

If you have had sexual relations you are both already guilty of statutory rape and both of you could be prosecuted. The seriousness of the crime is escalated once on of you turns 18, but sex with a person under 18 is a crime even when both participants are under 18.

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Answered on 2/05/12, 12:25 am
Andrew Roberts Roberts Law Group

He could be prosecuted for statutory rape once he turns 18.

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Answered on 2/05/12, 11:36 am


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