How to Know if Statutory Rape Charges Will be Pursued

My question involves criminal law for the state of: California

When my significant other was 18 he went on dating sites often for casual sex. He was then, and still is, struggling with sex addiction. He is now seeing someone for it and also going to support groups and has improved. However, back then, he did meet up with a lot of women for casual sex and became friends with a lot of them. One of those times, he met up with one girl who claimed she was 18. They hung out, had sex, and after she started to get intense (made fake facebooks trying to catfish him, started to become obsessed with all of his interests, she begged for him to date her exclusively, etc). He then stopped contacting her. A few years later, and at this point we were dating, he gets a letter in the mail telling him to go to the police department to talk about a matter. Turns out the girl wasn't 18 - she was 14. The facebook she had added him on primarily had also been fake, saying she was in college and 18, and had since been deleted. He also found a message in his 'other' folder on facebook from her actual account - flat out saying she told her mom about it because she was upset that he was in a relationship with someone who wasn't her. She then sent another message saying she didn't send that last one and that her account had been hacked (?????). He was honest with the police officer about having sex with her and her having said she was 18, having a fake facebook, etc.

Now, it's been over a year and a half since he last spoke to the officer. Nothing has come of it. The girl is now 18. Does this mean the entire thing was dropped, or can he still get in trouble for this? I know in most places, it doesn't matter if the minor lied about their age. I just want to know if since so much time has passed and the girl is now a legal adult, if this means we don't have to live in fear of him being arrested over it. Thanks.

CA statute of limitations for sexual abuse of a child is 10 years from the incident or 1 year from when it is first reported to the police, whichever is longer.

he still has at least 6 years before he is safe from prosecution, if he leaves the state that may toll the limit indefinitely.

and stop lying to yourself and letting him lie to you. 14 year olds do not look 18, he knew he was having sex with a child when he did it.

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Quoting kell_44

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He was honest with the police officer about having sex with her

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I guess he never saw this video:

https://www.youtube.com/watch?v=6wXkI4t7nuc

I can't imagine why they didn't just arrest him on the spot.

However, if he hasn't been charged in a year and a half it wouldn't seem likely that he would be. But I wouldn't want to guarantee it because the California Penal Code is very confusing about Statues of Limitations and Statutory Rape.

I suggest he consult a criminal defense attorney to determine whether he has any risk of prosecution.

I wish I saw the original post ...

As for an arrest, a stat. rape case (PC 261.5) rarely results in an instant arrest unless it is both a felony (a greater than three year difference between the suspect and victim) and the victim continues to be at risk from the abuser. However, if this involved penetration, sodomy, and/or oral sex, these can be felonies even if the sexual intercourse might not be.

To answer any of the other issues raised in the replies, I'd have to see what the original post had to say.

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Quoting Lehk

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CA statute of limitations for sexual abuse of a child is 10 years from the incident or 1 year from when it is first reported to the police, whichever is longer.

he still has at least 6 years before he is safe from prosecution, if he leaves the state that may toll the limit indefinitely.

and stop lying to yourself and letting him lie to you. 14 year olds do not look 18, he knew he was having sex with a child when he did it.

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I have a cousin who could walk into any liquor store in the US at age 14, and never get carded. There may not be many 14 year old's who look over 18, but there are at least a few.

I was clubbing at 14, and wasn't carded until the night of my 18th birthday (oh sweet irony) - and even then, it was only because the DJ realized I'd been going there for years, yet tonight was my 18th?! The horror!

So yeah. It's just plain old naive to believe that 14 year olds don't look 18.

Gawd, our old babysitter was 13 and looked older than our #2 who was 20 at the time!

One of my sister's friends (a teen model, and a former runner up Miss Nevada) would look awesome ... uh ... and older, when she gussied up. At 16 she was using a phony ID my sister made to buy beer.

Yeah, people can look older. Though, most courts tend to be skeptical of the "I didn't know," defense.

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Ah, the original post has returned!

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Quoting kell_44

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My question involves criminal law for the state of: California
When my significant other was 18 he went on dating sites often for casual sex.

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Why, oh WHY do people do this?!?!

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He was then, and still is, struggling with sex addiction. He is now seeing someone for it and also going to support groups and has improved.

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Hope he gets that help before he gets into MORE trouble! I know a guy like that, and his "addiction" has caused no end of heartache and struggle for him and for his family. The key will be to avoid the situations that will lead to temptation.

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A few years later, and at this point we were dating, he gets a letter in the mail telling him to go to the police department to talk about a matter. Turns out the girl wasn't 18 - she was 14.

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So, how many years later was this letter? Who was the letter from?

How old was HE at the time this happened?

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The facebook she had added him on primarily had also been fake, saying she was in college and 18, and had since been deleted.

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Bad luck for him if she said otherwise.

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He was honest with the police officer about having sex with her and her having said she was 18, having a fake facebook, etc.

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While I am sure the officer appreciated that, I imagine had he been represented by counsel, he would have been advised to shut up. But, it's done.

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Now, it's been over a year and a half since he last spoke to the officer. Nothing has come of it. The girl is now 18. Does this mean the entire thing was dropped, or can he still get in trouble for this?

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Yes, he COULD still be charged. Assuming that he was 3+ years older than she was at the time, then he can be charged with a felony. However, while he CAN still be charged, after a year and a half it is unlikely that he will be. If he is again contacted by the police he really should speak to the police.