Statutory Rape Laws for California

My question involves criminal law for the state of: California.
Hello, i live in Sacramento, California

I'm 16 and my girlfriend is 15, her dad caught us having sex and he said he would press charges on me for molesting a minor. What will happen if we both committed the act willingly? Can i still be charged?

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Quoting knicks777

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My question involves criminal law for the state of: California.
Hello, i live in Sacramento, California

I'm 16 and my girlfriend is 15, her dad caught us having sex and he said he would press charges on me for molesting a minor. What will happen if we both committed the act willingly? Can i still be charged?

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Yes. If you only had intercourse one or both of you could be charged for a misdemeanor per PC 261.5. Dad does not need to pursue charges, it only needs to get reported and the state will make the charging decision.

Time to stay away from the girl even if he does NOT report it to the police. You're lucky dad did not kick the crap out of you!

The age of consent in CA is 18. Sexual relations under that age can be criminal. While both of you could be charged, it is typical that the older of the two is charged, and the male is more often charged than the female. So, you may be in a world of trouble! Fortunately for you, a conviction would not result in an entry into the Megan's Law sex offender database in CA (though if you were to move to another state, a conviction here might result in your having to register in some other state).

Thank you for the quick response! Is there a reason the male is charged more often? My girlfriend wanted to have sex and we used protection, so is there a reason that I would be charged more? I'm also only a year older than her, I've read that I have to be atleast 3 years older to get a serious charge? Also the father said the police would be at my house tonight or tomorrow, could that just be a scaring tactic?

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Quoting knicks777

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Thank you for the quick response! Is there a reason the male is charged more often?

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Yes, but they are probably more complex than can be answered here. Typically the male is the older of the two, and there are some prosecutors and courts that contend that it is the male who commits the act of penetration and that the female is not capable of committing that act ... but, more often than not, it is simply an issue of age - the older gets charged unless they both do.

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My girlfriend wanted to have sex and we used protection, so is there a reason that I would be charged more?

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Not "more," but you can be charged. It really doesn't matter if you or both of you get charged, it's not good either way!

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I'm also only a year older than her, I've read that I have to be atleast 3 years older to get a serious charge?

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More than 36 months older equals a felony. This would be a misdemeanor which can mean a criminal record if convicted ... or, since you a juvenile, if a "true finding" is made in your matter.

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Also the father said the police would be at my house tonight or tomorrow, could that just be a scaring tactic?

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It could be a scare tactic. But, he doesn't determine the pace of the police investigation. if he reports it, they will deal with it as they choose.

Bottom line is that this relationship is probably over. I would not go around her again unless you want to increase the risk of jail or a restraining order.

We don't answer "what if" questions about statutory rape.