Girlfriend's Son Charged With Sodomy

We are in calfiornia and my womans son is 17 and is charged with sodomy or rather going to be charged at an araignment hearing on the 30th.The girl is 14 and he was 17 they apparantly had long sex filled relationship and the parents decided to file a report on it.They broke up and he did not get the message he basically admitted to her parents that they had sex atleast 100 times.

He has mental issues and the counslers he works with in family first program stir stuff up with the girls family getting them concerned about there daughters safety.Anyways the idiot he is spoke to a detective and admited to everything over the phone to the detective.

Also i guesss the specific incident he is charged with or going to be charged with rather he tied her up and sodomized her.he says it was consential and i know there is AOC Law is like 18 so i was curious just how much time he could really do and if he will be a regstred sex offender

Whether he spends time away or will have to register as a sex offender will depend on the specific offense (code section) he is charged with. If it was not forcible rape, the DA MIGHT consider allowing a plea to unlawful intercourse which could be a misdemeanor (if they are less than three years (36 months) apart in age.

He needs an attorney yesterday.

- Carl

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Quoting southbark

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Also i guesss the specific incident he is charged with or going to be charged with rather he tied her up and sodomized her.he says it was consential and i know there is AOC Law is like 18 so i was curious just how much time he could really do and if he will be a regstred sex offender

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I'm willing to put money on the girl saying it was coerced.

that changes a lot if it happens.

the other thing that comes into play is; how long was the relationship. If it started prior to her 14th birthday, that changes even more.

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Quoting jk

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I'm willing to put money on the girl saying it was coerced.

that changes a lot if it happens.

the other thing that comes into play is; how long was the relationship. If it started prior to her 14th birthday, that changes even more.

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My money will be along side yours. He raped her.

I doubt that a rape charge will stick if they had sexual relations 100 times ... hard to argue that 99 times were consensual but the 100th was not. But, that depends on the specific details. Of course, I don't really believe that they had relations 100 times, but who knows?

- Carl

but he sodomized her when he tied her up.

that may show a different side to the guy. If this is the first instance of sodomy, then it is different than simply having sex while tied.

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Quoting jk

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but he sodomized her when he tied her up.

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There ARE sexual deviancies out there where such an act is consensual ... the sodomy of a minor can be a felony in CA, but it is not "rape" - by itself. Rape is when a person is compelled by force or fear, or inability to grant consent (generally due to incapacitation) to have sexual relations against their will

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that may show a different side to the guy. If this is the first instance of sodomy, then it is different than simply having sex while tied.

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The key is what offenses have been charged, and what can be proven. The fact that the suspect admits to these acts is insufficient to charge anything. If the juvenile corroborates the admissions with some sufficient detail as to time, place, and activity, then the state may well have enough to go forward with something. It would seem that unlawful intercourse is easiest to show and likely will be the default plea position for the state if they don't have more evidence.

- Carl

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Quoting cdwjava

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There ARE sexual deviancies out there where such an act is consensual ... the sodomy of a minor can be a felony in CA, but it is not "rape" - by itself. Rape is when a person is compelled by force or fear, or inability to grant consent (generally due to incapacitation) to have sexual relations against their will


The key is what offenses have been charged, and what can be proven. The fact that the suspect admits to these acts is insufficient to charge anything. If the juvenile corroborates the admissions with some sufficient detail as to time, place, and activity, then the state may well have enough to go forward with something. It would seem that unlawful intercourse is easiest to show and likely will be the default plea position for the state if they don't have more evidence.

- Carl

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The girl in question is 14...She is below the age of consent. She can't give permission to be sodomized.

Actually both are below AOC. Which in CA is 18. I would say this young man has serious problems to face and should be consulting Attorenys ASAP!

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Quoting Baystategirl

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The girl in question is 14...She is below the age of consent. She can't give permission to be sodomized.

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Let me clarify the law as it is in CA ...

That's correct - hence the unlawful sexual intercourse charge (aka Statutory Rape). However, since the crime of RAPE (PC 261) in CA requires force or fear, her age is not a direct issue. Being underage does not qualify as forcible rape. Having otherwise consensual (aka NOT forced) sexual relations is covered under another section (PC 261.5). Committing sodomy on a minor is a wobbler (PC 288a ... not the same as PC 288(a) which is a lewd and lascivious act on a minor under 14) and 288a can be charged as either a felony or a misdemeanor.

IF the girl was bound against her will, a case can be made for forcible rape per 261. If this was part of a kinky, consensual act of some kind, then it is "only" PC 288a. And any and all underlying otherwise consensual sex acts can be charged as PC 261.5 (only a misdemeanor unless perpetrator is MORE than three years older than the victim).

- Carl