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Statutory Rape, No Contact Order

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  • 06-25-2010, 01:59 AM
    haruharux
    Statutory Rape, No Contact Order
    California.

    I am 16 years old and my boyfriend is 22. (Please keep your comments on the age to yourself). We had sex and we were caught by the police. Recently he had his arraignment and they named him one count for unlawful sexual intercourse PC 261.5(c) as a felony. They also put a restraining order (From what someone working with the case told me) and she said it's applying to everyone right now. I guess he plead not guilty, and he's going to pretrial.

    I want to know is it possible for him or me to get the no contact order lifted? I wrote a letter to the judge and I am unsure if they had a chance to read it. I was told that the order might be modified or something on his pretrial date. I was not served with anything, also. How would I get it? Would a local police officer bring it to me? Can I fly down there and tell the judge I don't want it at his pretrial?

    I am REALLY confused on how this works. Will there be a temporary restraining order date that I have to attend?
  • 06-25-2010, 07:57 AM
    mamabear2102003
    Re: Statutory Rape, No Contact Order
    You're 16, he's 22, you got caught (which leads me to wonder WHERE you were at that you were caught by law enforcement). You are not at an age where consent can be given, and BF is now looking at jail time (1-4 years), large civil fines and a lifetime of being a registered sex offender.

    You can do ask for whatever you want, however, don't expect the judge to care. The law says that an adult took advantage of a minor, and the court is now charged with protecting your best interest (hence the no contact order).

    My advice to you? Find a boyfriend that is your own age.
  • 06-25-2010, 08:14 AM
    aardvarc
    Re: Statutory Rape, No Contact Order
    Sure, you can tell the judge anything you want, either in person or via letters. And the judge will completely disregard it. There is nothing you can say that will influence a judge in a criminal court to remove a restraining order that the court, at its own discretion, issued against an adult charged with a sex crime against a minor. Nothing. As far as the court is concerned, you have NO ability to understand what is in your own best interests, and thus the court will act of its own accord.
  • 06-25-2010, 08:41 AM
    Mr. Knowitall
    Re: Statutory Rape, No Contact Order
    You're not helping your boyfriend by writing letters to the judge. At best the judge will discard the letter. At worst, he'll give copies to the prosecutor and defense, and the prosecutor will have a letter from you to use as evidence in court.
  • 06-25-2010, 03:03 PM
    haruharux
    Re: Statutory Rape, No Contact Order
    Quote:

    Quoting mamabear2102003
    View Post
    You're 16, he's 22, you got caught (which leads me to wonder WHERE you were at that you were caught by law enforcement). You are not at an age where consent can be given, and BF is now looking at jail time (1-4 years), large civil fines and a lifetime of being a registered sex offender.

    You can do ask for whatever you want, however, don't expect the judge to care. The law says that an adult took advantage of a minor, and the court is now charged with protecting your best interest (hence the no contact order).

    My advice to you? Find a boyfriend that is your own age.

    Well, that's where you're wrong. It's actually maximum 3 years, and it is not required to register.

    But thanks.
  • 06-25-2010, 03:18 PM
    Dogmatique
    Re: Statutory Rape, No Contact Order
    You're wrong.

    And you're welcome.

    Quote:

    Section 261.5.
    (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

    (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.

    (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.

    (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

    (e) (1) Notwithstanding any other provision of this section, an adult who engages in an act of sexual intercourse with a minor in violation of this section may be liable for civil penalties in the following amounts:

    (A) An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).

    (B) An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).

    (C) An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).

    (D) An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

    (2) The district attorney may bring actions to recover civil penalties pursuant to this subdivision. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the
    Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature.

    (3) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
  • 06-25-2010, 04:40 PM
    LawResearcherMissy
    Re: Statutory Rape, No Contact Order
    Quote:

    I want to know is it possible for him or me to get the no contact order lifted?
    In a word: No.

    Quote:

    I wrote a letter to the judge and I am unsure if they had a chance to read it.
    Telling the judge...what? You plan to be 2gethah 4 Evah? Nothing you tell the judge is going to get your "boyfriend" out of trouble. Confirming the unlawful intercourse is all you've managed to do.
  • 06-25-2010, 04:46 PM
    tigerdog
    Re: Statutory Rape, No Contact Order
    Quote:

    You plan to be 2gethah 4 Evah?
    Thank you, Missy! I needed a good chuckle today!
  • 06-25-2010, 10:49 PM
    haruharux
    Re: Statutory Rape, No Contact Order
    Quote:

    Quoting Dogmatique
    View Post
    You're wrong.

    And you're welcome.

    Mm, no, I'm not.

    PC 261.5(c) is punishable up to three years. 16, 24, or 36 months.
    PC 261.5(d) is punishable for two, three, or four years.

    Again, thanks anyway.
  • 06-25-2010, 11:12 PM
    Dogmatique
    Re: Statutory Rape, No Contact Order
    You're still welcome. Even though you can't grasp what's going on.
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