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Is there a statute of limitation for statutory rape in California?

Stockton, CA |

I had an 18 y/o boyfriend when I was 14. He knew I was 14 because we went to school together. Not too soon after we got together, we started having sexual intercourse. I found out i was pregnant at 14, had the baby at 15. I am now 17, going on 18 soon. My baby's father was in the baby's life for about 2 years until recently, but even throughout those 2 years he wasn't very helpful. I've read rape laws and saw that it is considered rape when having sex with someone while they are asleep because they cannot give consent. I have woken up to him touching me or having sex with me when we were still dating. Can he still be charged for statutory rape?

Attorney Answers 4


  1. Yes. Regardless of whether you were asleep, you were less than 18 and that means you legally could not consent (even if you were awake). The statute of limitations is generally six years on such an offense, especially insofar as he was an adult and more than three years of age separated you two. Is his name on the birth certificate - if so, and your age, he needs to hire a good attorney.


  2. yes. See California Penal Code Section 261 (a)(4)(A) - you can get charged if you have sex with a person who is asleep. He can also be charged with PC 288 - lewd act on a minor. Statute of limitations won't be an issue here.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  3. Your question begs the question: Are you trying to have him charged or are you trying to NOT have him charged? If you want him prosecuted, contact the police where the incidents occurred and file a report being very specific about your age when various tyrsts occurred. IF you don't want him prosecuted, keep your mouth shut and quit posting factual scenarios on line. Either way, HE should consult with an attorney regarding his potential legal liabilities ASAP.

    San Diego Criminal Defense Attorney--19 years experience. Law Offices of Jay S. Finnecy


  4. Yes, as the other attorneys have said his conduct was illegal and you can call the cops. You seem to indicate that you now want him to be prosecuted because he's out of your child's life and that if he was a good parent you wouldn't be thinking of calling police. If your primary concern is your child's welfare it's unclear how calling the police will benefit your child. Your child will not benefit from knowing his/her dad is a convicted rapist. It's also unclear why none of your family members did not call the police when they realized you two were having sex. Obviously you are entirely free to call the police to report crime whenever you want., best of luck

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