[maggiehuckstep]

My son is 22 his girlfriend is 17 she won't be 18 until May 2006 we live in Calilfornia, the girlfriend is pregnant, this is the second time first time was 6 months ago pregnancy was terminated. Her mother has accepted the relationship and allows girlfriend to visit/hang out even go camping overnight she even put girlfriend on birth control. Can girl friends mom press statutory rape charges against my son? even if girlfriend is not willing to testify and she states the sex is constentual? Another factor here is that my son is currently on probation for DUI and residential burglery. These kids claim to be in love and want to get married as soon as she is 18. While I don't agree that they should make such a life changing decsion at their ages I want to do what I can to help them at this point. Please give me some advice and or state the laws in my state.

[aaron]

As statutory rape charges presume that the minor protected by the statute is incapable of consent, arguing actual consent is ordinarily irrelevant.

Your son is on probation - he is thus not only at risk of a statutory rape charge, but also of being charged with violating his probation. It is hard to say whether charges would be authorized in this case if the girl's mother filed a complaint, but it may well be that even if they weren't your son's probation officer could deem his conduct a violation of his probation.

[SteveG]

I think you are at the point that you need to speak to a lawyer. I do understand that there are some defenses to statutory rape, but a good lawyer can better discuss this with you.

I would strongly urge your son to stop sleeping with this girl, if he doesn't actually stop seeing her. What is more important to your son, his freedom, or this girl?

As an aside, it may be possible that the mother may be charged with endangering the welfare of a child by effectively promoting this illicit sexual relationship.

[maggiehuckstep]

The girlfriends mother could be charged with a crime? what if no one says anything and the pregancy goes to term and my son marries this girl next year. Is there any agency/person/entity that can charge my son with a crime? Who is responsible for reporting this type of thing? a doctors office? the planned parent hood office? etc.... thanks for responding I think I will seek an attorney.

[maggiehuckstep]

The girlfriends mother could be charged with a crime? what if no one says anything and the pregancy goes to term and my son marries this girl next year. Is there any agency/person/entity that can charge my son with a crime? Who is responsible for reporting this type of thing? a doctors office? the planned parent hood office? etc.... thanks for responding I think I will seek an attorney

[cdwjava]

The girlfriends mother could be charged with a crime? what if no one says anything and the pregancy goes to term and my son marries this girl next year. Is there any agency/person/entity that can charge my son with a crime? Who is responsible for reporting this type of thing? a doctors office? the planned parent hood office? etc.... thanks for responding I think I will seek an attorney.

ANYONE can report it. The doctor is a mandated reporter as are teachers and the police.

Anyone who permits the sexual activity to occur can be charged with a crime.

The police would investigate the offense and the DA would prosecute it. The source of the complaint can be almost anyone. San Diego County used to have a vertical prosecution unit that would aggressively prosecute these cases (I believe your profile indicated you were from there); however, I no longer work there so I do not know if it exists any longer ... it was there four years ago.

PC 261.5 makes this crime a "wobbler". In other words the boyfriend can be charged with either a felony or a misdemeanor. Anyone aiding in their sexual encounters might be able to be charged with a misdemeanor for contributing to the delinquency of a minor as well as child endangerment.

Typically, if the pair gets married the DA won't prosecute. But marriage after the fact is not a legal bar to prosecution.

- Carl

[maggiehuckstep]

Carl,
Thanks for the response, I guess it's time to get a lawyer