Legal Question in Sexual Harassment in California

Statutory Rape, if parents consent

If a 17 year-old girl is in a relationship with a 21 year-old male (4 years & 3 months difference) in what circumstances can Statutory Rape charges be brought against the male if the couple has sexual relations.

1. If the girl and the parents both give consent, can the California still press charges?

1B. What if it just oral sex?

1C. hand sex?

2. If the girl gives consent but the parents do not, can charges be brought against the male.

2B. What if it just oral sex?

2C. hand sex?

3. Can immancipation of the girl (before the sex ever occurs) make it so that charges cannot be placed against the male? Thanks.


Asked on 11/27/01, 10:45 am

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Statutory Rape, if parents consent

Statutory rape cannot be consented to by the under aged girl or her parents. The parents could be guilty of aiding and abetting the act if they give permission. Oral sex comes under the same guidelines. The only way to avoid prosecution is for the two people involved to be married.

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Answered on 11/27/01, 11:58 am


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