Statutory Rape Investigations

[082210]

T
My question involves criminal law for the state of: California
So here the issue, my b/f is 22 yrs old and im about to turn 17, I'm also 7 months pregnant, we love each other very much and plan to get married later on in life, we' ve been together for 2 years and 5 months, he really wants to be here for the baby and me. We recently ran into a problem, someone i know told the w.i.c my b/fs age and name, and said they're going to send investigators to my house to talk to me, my b/f and my parents to make sure it was consensual and not forced. Myself and everyone are afraid of what might happen to my b/f, the wic people said they would simply ask us questions And not arrest him if it was consensual because i guess its common around here. Any ways what should we do??? Any advice is greatly appreciated!

[aardvarc]

Tthey're going to send investigators to my house to talk to me, my b/f and my parents to make sure it was consensual and not forced.

Minors cannot GIVE consent under the law, so lack of force is NOT a defense to a potential statutory rape charge. And, your b/f is BEYOND the "Romeo and Juliet" age - so a criminal charge against his IS possible, even if you were begging to have sex with him.

Myself and everyone are afraid of what might happen to my b/f, the wic people said they would simply ask us questions And not arrest him if it was consensual because i guess its common around here.

Common or not, if a crime was committed, a criminal charge is absolutely possible. Something being 'common' isn't a defense under the law. And wic investigators are allowed to lie in order to get cooperation. Sorry we can't give you peace of mind, but a crime is a crime. Minors don't have the legal ABILITY to give 'consent'.

Any ways what should we do???

You should be concentrating on having a healthy pregnancy, eating right, sleeping enough, getting regular checkups, etc. Your b/f should be consulting with a criminal defense attorney BEFORE he sits down to an interview with anyone.

[cdwjava]

Your boyfriend has committed a felony under CA law. Whether he will be charged or not will depend on the DA and their policy and practice on such matters. Typically, if the DA is assured that the child will be cared for without state aid, then the DA may be less inclined to charge. If, however, you will be sustaining the child on a government handout, they might be more inclined to prosecute him. No matter whether he is prosecuted or not, the state will go after him for child support - if for nothing else than to pay the state back, in part, for their costs to support his child.

[082210]

So now matters have gotten worse, we took someone else's advice to not talk without an attorney, we told my mom that and she flipped out, she called my dad ,who doesn't like my b/f at all, to pick me up but he prob won't cuz he won't take me back after this, my mom is pretty much going to rat my b/f out to the police to convict him, she's most likely going to press charges and so will my dad, it's so messed up because we really thought we would be together and have a family, it's also messed up because my mom has let him live in our house for the past month and supposedly cares for us and the baby and then says she faked liking us and that she hopes I loose the baby and end up in foster care. What charges will my b/f get convicted of? What should he or I do to help, I really don't want this to happen to him, we just want to be together?

[cdwjava]

So now matters have gotten worse, we took someone else's advice to not talk without an attorney, we told my mom that and she flipped out, she called my dad ,who doesn't like my b/f at all, to pick me up but he prob won't cuz he won't take me back after this, my mom is pretty much going to rat my b/f out to the police to convict him, she's most likely going to press charges and so will my dad, it's so messed up because we really thought we would be together and have a family, it's also messed up because my mom has let him live in our house for the past month and supposedly cares for us and the baby and then says she faked liking us and that she hopes I loose the baby and end up in foster care. What charges will my b/f get convicted of? What should he or I do to help, I really don't want this to happen to him, we just want to be together?

No one has to "press charges" for the state to prosecute him. Once the information comes to the attention of the authorities (and a pregnancy will make this so) the DA will make the decision to prosecute or not.

Your boyfriend should consult legal counsel ASAP and not answer any questions without the advice of an attorney as this is a felony and he could go to prison ... though, most likely, he would spend a short period in county jail and be on probation for a very long time. he may also be prohibited from seeing you while on probation or longer. A local attorney can advise him what the likely results of prosecution might be in his jurisdiction.