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Is the continuation of a previously existing consensual sexual relationship legal once the elder participant turns 18?

Marysville, CA |

My boyfriend and I are both 17, and he will turn 18 in two months. We are concerned about the legality of continuing our sexual relationship after his birthday. His mother informed us that the continuation of a previously existing relationship is legal, but I can't seem to find a law stating this to quote for him. Any help would be greatly appreciated.

Attorney Answers 3

Posted

When you are under the age of 18 you can't legally consent to sex. Your current relationship is technically illegal. In two months it will still be illegal. It won't be legal until you both turn 18 and are legally old enough to consent.

That said, it is highly unlikely law enforcement would do anything about an on-going consensual relationship with such a small age difference.

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Posted

I agree with the previous answer but in addition, there is no reason for law enforcement to investigate this relationship unless there is a complaining witness or a pregnancy.

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Posted

I concur with my colleagues. As long as your relationship is not reported to the authorities, there is no need for concern. Assuming it is reported, the likelihood is rather small this would be something that they would want to pursue.

The above answer is for general information only. It is not "legal advise" but analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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