Statute of Limitations on Sex With a Minor in California

[javatea]

My question involves criminal law for the state of: California

Say, a male and a female, ages 18 and 17 1/2 respectively, are in a serious and loving relationship, had sex together. They're only less than a year apart in age difference.This would be considered a statutory rape, according to what the penal codes described. The mother of the female found out about it a month later after the act was committed and still has not yet file a report to the police. She uses the laws to keep the male away from her daughter. Since then there has been no sexual contact, or any sort of contact between the two partners so that both sides could be safe. Both partners are deeply devoted in to the relationship, but the girl's mother is using the laws to forbid such thing.

So I was wondering, when does the statute limit sets in? At the time the offense was committed? At the time of discovery by her mother? Or after the girl reached the age of majority? The age difference is only eleven months between the two, so that makes the offense to be considered a misdemeanor.

After the statute limitation expired, does that make it safe for the couple to get back together without any fear of the mother prosecuting the male? By then the girl will be legal.

[cdwjava]

My question involves criminal law for the state of: California

Say, a male and a female, ages 18 and 17 1/2 respectively, are in a serious and loving relationship, had sex together. They're only less than a year apart in age difference.This would be considered a statutory rape, according to what the penal codes described. The mother of the female found out about it a month later after the act was committed and still has not yet file a report to the police. She uses the laws to keep the male away from her daughter. Since then there has been no sexual contact, or any sort of contact between the two partners so that both sides could be safe. Both partners are deeply devoted in to the relationship, but the girl's mother is using the laws to forbid such thing.

So I was wondering, when does the statute limit sets in? At the time the offense was committed? At the time of discovery by her mother? Or after the girl reached the age of majority? The age difference is only eleven months between the two, so that makes the offense to be considered a misdemeanor.

After the statute limitation expired, does that make it safe for the couple to get back together without any fear of the mother prosecuting the male? By then the girl will be legal.

The mother cannot prosecute the offender, all she can do is call the cops and report the crime.

The SOL for a misdemeanor allegation of PC 261.5 is 12 months.

When she is 18 she can move out and the two of them can struggle through life together if they wish to do so. Hopefully they can do so without going on welfare.

[javatea]

Thank you, does the SOL starts from the time of offense committed or from the time the mother discovered the offense? And if the mother reports the crime, where could that lead to?

[cdwjava]

Thank you, does the SOL starts from the time of offense committed or from the time the mother discovered the offense? And if the mother reports the crime, where could that lead to?

The SOL begins from the time the offense was committed, with a few exceptions.

If mom reports it there will be an investigation and the potential for prosecution that could lead to up to 6 months in county jail.