It is a felony to have sex with a 16 year old if you are over 18 in California. With only the details you provided, I can't determine whether she will be charged, but that is the law. See Penal Code section 261.5 (also Penal Code section 288)
Yes, yes, yes absolutely. It is a very serious charge and it may result in 290 Registration (sex offender registration). Your GF needs an attorney. Very serious charge.
Yes, it's a felony sex crime. If she's convicted she's going to prison and will have to register as a sex offender. She needs an attorney, for one, and you are doing her no favors by sleeping with her and broadcasting that fact on the internet.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
I'm wondering if this is related to the posted question the other day from the woman on probation, who has an order that she not contact the under-age boyfriend. She's playing with fire.
Yes it's illegal. Frankly most 16 year old males dream of having sex with a 36 year old girls but the act for gender equity reasons remains illegal. The DA could charge on the word of a third party who claims that you or she admitted to having sex with each other. Also the DA could charge if there is an actual witness to the two of you having sex. In reality, either you (the alleged victim) or the 36 year old (the alleged perpetrator) will likely have to make a statement to the cops that the sex occurred for this charge to stick. In the laughably unlikely event that you feel victimized, you are free to rat on the 36 year old by talking to the police. If you don't want the 36 year old to be charged, don't talk to police. Be advised that nothing good ever happens when you sit down to talk to the police. Police will play nice, mean, lie to you, scare you, guilt you, and otherwise deceive to make a charge stick on someone in order to win convictions. Likewise, the 36 year old shouldn't talk to police since she is the alleged perpetrator in this case. Indeed neither of you should ever admit this relationship to anyone ever for any reason, save a criminal attorney in a private setting. That means not bragging about this to friends, enemies, colleagues, teachers, strangers, family members, priests, health teachers, ect. Good luck.
Serious Felony - She needs to immediately consult a local criminal attorney to discuss this matter in private, not on a public forum like AVVO.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
There's a six year statute of limitations, that can be extended under certain conditions. If it is still within the statute of limitations, then yes.
for Fairness / for Your Freedom because sometimes good people get into bad situations.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Everything posted on this board is public knowledge. Therefore, DO NOT POST ANY DETAILS regarding a crime. Post information in a general manner only. The answer to your question is Yes.
Oscar E. Toscano
I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have handled cases in Federal District courts from Alaska and throughout the United States. My comments and opinions are based on California law and are based on the limited information provided in the question. Legal questions are usually fact specific and a few facts can and often does change the opinion I would give. It is better to consult with an attorney in your jurisdiction (your geographic area) and provide specific details regarding your case in private. You would get more specific advice. The contents of the conversations with your attorney are confidential and are protected from being revealed. The statements made in this public forum (AVVO) are not confidential and could be revealed. Therefore, you must be very careful in the details you provide. Do not disclose information that could be a crime or that could be used in order to prove a crime was committed. If you are in California and want to clarify any of my answers, feel free to contact me.