Results 1 to 8 of 8
  1. #1
    Join Date
    Nov 2013
    Posts
    2

    Exclamation Can Statutory Rape Be Charged After the Child Reaches the Age of Consent

    My question involves criminal law for the state of:california.. i was 16 turning 17 and my boyfriend was 20 turning 21 and i had gotten pregnant i am now 17 turning 18 in 2months and my daughter is about to be 3 months is it still considered rape ?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is It Still Considered Rape

    Was the rape reported at the time?

  3. #3
    Join Date
    Nov 2013
    Posts
    2

    Default Re: Is It Still Considered Rape

    It wasnt a rape but i was told it was considered rape because of the age difference

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is It Still Considered Rape

    Quote Quoting noemi20
    View Post
    It wasnt a rape but i was told it was considered rape because of the age difference
    Who is telling you all of this? Yes, it could be considered a rape. However what is the context of your question?

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is It Still Considered Rape

    What age you are at the time you and your victim are charged is IMMATERIAL. It is the ages you were when the sexual offenses occurs that matters. The crime is unlawful sexual intercourse, and if you were within three years of age difference, it's a misdemeanor, if it was a greater gap it's a wobbler. The prosecution has a year from the time the crime is identified (and to the point you are 21) to charge him with the offense.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Statutory Rape Be Charged After the Child Reaches the Age of Consent

    Quote Quoting noemi20
    View Post
    My question involves criminal law for the state of:california.. i was 16 turning 17 and my boyfriend was 20 turning 21 and i had gotten pregnant i am now 17 turning 18 in 2months and my daughter is about to be 3 months is it still considered rape ?
    Rape? No.

    Felony unlawful sexual intercourse? Yes.

    Even when you are 18 he can still be charged.

    As for the SOL, it would be three years from the discovery of the crime - in this case, at least the time you were discovered to be pregnant. Misdemeanors have an SOL of one year, but age 16 and 20 will be a felony.

  7. #7
    Join Date
    Mar 2013
    Posts
    11

    Default Re: Can Statutory Rape Be Charged After the Child Reaches the Age of Consent

    In order to make a case someone has to report it to the police. If there is no report, no victim it is not likely that the police will browse through birth records checking the ages of the mothers and fathers to find if they can build a case. If they ever question you, you have the right to remain silent, not to answer any questions and since getting pregnant does not necessarily mean it happened through sexual intercourse, you could have got artificially inseminated either in a hospital or home it is not likely to make a real case out of it. Even if there is a case it might be difficult to prove it beyond reasonable doubt for the jury without you testifying that in fact you had intercourse with your BF.

    Your BF did in fact commit a felony but this was a risk he took when he got involved with you; no matter how much we do not like that our government tells you who you can have a sexual relationship with and who you cannot.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can Statutory Rape Be Charged After the Child Reaches the Age of Consent

    Quote Quoting Mark2010
    View Post
    If they ever question you, you have the right to remain silent, not to answer any questions and since getting pregnant does not necessarily mean it happened through sexual intercourse, you could have got artificially inseminated either in a hospital or home it is not likely to make a real case out of it.
    Really??! To a MINOR??? No doctor would do that and still remain in practice, sorry.

    Yeah, she doesn't have to answer questions, but if she applies for any kind of state aid she WILL have to identify daddy, and they WILL look into it. Or, she can wait a few years until the SOL has ostensibly passed ... but, if she applies for aid, the state will still come after daddy for the back money owed.

    Even if there is a case it might be difficult to prove it beyond reasonable doubt for the jury without you testifying that in fact you had intercourse with your BF.
    Three letters: DNA.

    I do these investigations and let me tell you, they are easy. Girls talk. Facebook, Instagram, friends, emails, gossip - all tend to lead to daddy. Keeping it a secret is almost impossible. And getting warrants for this stuff is easy, but usually it is simple enough to get consent from the child, and even their parents.

    Your BF did in fact commit a felony but this was a risk he took when he got involved with you; no matter how much we do not like that our government tells you who you can have a sexual relationship with and who you cannot.
    The government has a vested interest in preventing children from being sexually assaulted. Why would you think otherwise?

    1. Sponsored Links
       

Similar Threads

  1. Sex Offenses: Age of Consent and Statutory Rape in Illinois
    By diesel77 in forum Criminal Charges
    Replies: 1
    Last Post: 11-12-2012, 07:42 PM
  2. Sex Offenses: Statutory Rape and Parental Consent
    By idlewild82 in forum Criminal Charges
    Replies: 6
    Last Post: 07-01-2007, 09:21 PM
  3. Sex Offenses: Statutory Rape And Age of Consent
    By Spyros in forum Criminal Charges
    Replies: 2
    Last Post: 06-12-2007, 03:59 PM
  4. Sex Offenses: Statutory Rape vs Consent
    By maggiehuckstep in forum Criminal Charges
    Replies: 6
    Last Post: 11-21-2005, 06:42 PM
  5. Sex Offenses: Statutory Rape and Age of Consent
    By jeremyt in forum Criminal Charges
    Replies: 1
    Last Post: 10-13-2005, 06:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources