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  1. #1

    Default Statutory Rape After Emancipation in California

    If a person is 17 yet Emancipated are they considered an "adult" and do they have the right to consent to sex? Or is the age of consent in California still 18 regardless of their emancipated status?

  2. #2
    Join Date
    Jul 2006
    Posts
    984

    Default Re: California Statutory Rape while Emancipated??

    Are they actually legally emancipated or just living away from home at college or married? Emancipation doesn't include consent to sex except with a spouse and marriage still required consent of parents and a judge is emancipated. Here is a link to CA court info: http://www.courtinfo.ca.gov/selfhelp.../emanforms.htm
    From http://www.lsc-sf.org/problems/emancipation.html
    What things won't change when I get emancipated?

    * You must go to school until you graduate or turn eighteen.
    * You cannot work as many hours as you want — child labor laws and work permit rules must be followed.
    * You cannot get married without the consent of your parents.
    * You cannot have sex — statutory rape laws make it illegal for anyone to have sex with a minor (the only time a minor can have legal sex is if s/he is married and s/he has sex with his/her spouse).
    * You could be tried as an adult, in certain cases, if you commit a crime.
    * You cannot drink alcohol until you turn twenty-one.
    * You cannot vote until you turn eighteen.

    http://www.courtinfo.ca.gov/selfhelp...cip/emanqa.htm
    What is emancipation?
    Emancipation is a legal way for children to become adults before they're 18. Once a child is emancipated, his or her parents don't have custody or control of him or her anymore.

    If you are emancipated, you can do some things without your parent's permission, like:

    * Get medical care;
    * Apply for a work permit;
    * Sign up for school or college; and
    * Live where you want to.

    If you are emancipated, you will give up the right to be supported by your parents.

    Even if you are emancipated:

    * You must go to school;
    * You can't get married without your parent's permission; and
    * You will go to juvenile court if you break the law.

    Note: If you have a legal guardian, all of the information in this section about "parents" applies to your legal guardian and your case, too.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Statutory Rape After Emancipation in California

    Emancipation has no effect on statutory rape laws.

  4. #4
    Join Date
    Oct 2006
    Location
    Michigan, Oakland County
    Posts
    35

    Question Re: Statutory Rape After Emancipation in California

    is the law the same in michigan?

  5. #5
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Statutory Rape After Emancipation in California

    Michigan is another state with their own whole set of statutes and laws. Why don't you start your own thread with your question and the facts.

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