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Misdemeanor Statutory Rape

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  • 09-23-2015, 10:04 PM
    beggingforlegalhelp
    Misdemeanor Statutory Rape
    My question involves criminal law for the state of: California

    A person had sexual intercourse with a girl when he was 18, and the girl was 16-17. Male was a virgin, girl was not. This was a friendship and relationship that possibly began when the male was underage, but sexual occurrences were after the 18th birthday. Girl's parents found out about what has occurred, what can they do?

    -No used condoms present for DNA testing
    -No pregnancy
    -Only photographs ever exchanged were lingerie, never nude photos
    -Assuming that parents have some possibly suggestive or explicit texts between M and F about what has occurred, or between F and others discussing what occured
    -Only "witnesses" that could vouch did not see the actual act occurring, can only testify about seeing the M and F before it occurred
    -M was virgin, F was sexually active and secretive about it from parents
    -Relationship was secret from parents

    The law seems to show that it is a misdemeanor, any other possible crimes that could be brought up? What could the parents do, and what are the chances that the parents could actually do something? What would the Prosecutor need in order to get a conviction, and is this enough evidence to get a criminal charge/investigation?

    Please help, M is terrified and scared for his future.
  • 09-23-2015, 11:38 PM
    cdwjava
    Re: Misdemeanor Statutory Rape
    Quote:

    Quoting beggingforlegalhelp
    View Post
    My question involves criminal law for the state of: California

    A person had sexual intercourse with a girl when he was 18, and the girl was 16-17. Male was a virgin, girl was not. This was a friendship and relationship that possibly began when the male was underage, but sexual occurrences were after the 18th birthday. Girl's parents found out about what has occurred, what can they do?

    They can call the cops ... they can yell at their daughter ... they can yell at the boy ... they can do any or all of the aforementioned, or, they can do nothing.

    Quote:

    The law seems to show that it is a misdemeanor, any other possible crimes that could be brought up?
    Misdemeanor PC 261.5 ... Contributing to the delinquency of a minor (PC 272) ... and, depending on the facts and details, perhaps other crimes.

    Quote:

    What could the parents do, and what are the chances that the parents could actually do something?
    If the parents want prosecution, they will have to call the police. Whether the police can make a case, we cannot possibly say.

    The parents can try to do whatever they want. Whether they will succeed depends on what they do.

    Quote:

    What would the Prosecutor need in order to get a conviction, and is this enough evidence to get a criminal charge/investigation?

    Please help, M is terrified and scared for his future.
    I think I'll let you ... er, M, stew on it ... suffice it to say that there are ways to prove these cases, and I will leave it at that.

    The time for M to have considered his future was BEFORE he dropped his trousers. As of now, he can worry about a criminal conviction, a restraining order, or maybe only to be separated from his lady (girlie?) love by angry parents.
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