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What evidence does the da need to find in order to charge someone with statutory rape?

Sacramento, CA |

my fiancé and I were a romantic relationship. my dad had her arrested because she is 23 and I am 17. we were careful about the relationship. she has already admitted to the intimacy. I want to know if the charge can be dropped if there isn't enough to prove it. what would they need to find?

I should add that we are both female

Attorney Answers 3

Posted

Interesting question, as you are both females. I don't think you can have sexual intercourse, so there is no "rape."

However, she admitted to the intimacy. It matters what "intimacy" she described. Your consent does not matter, as you are too young to be capable of consent.

The charge of statutory rape may be dropped if there is not enough to prove it, but she may face charges of other crimes such as oral copulation (Penal Code 288a), lewd and lascivious acts with a child (Penal Code 288) or simply contributing to the delinquency of a minor (Penal Code section 272), depending upon what happened.

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Posted

so that brings me to ask what would she have to admit to? what proof would they need?

Posted

This is a complicated question. Your fiancé needs to consult with a locally experienced defense attorney. Best of luck to you both.

Jasen Nielsen

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Posted

is there anything I can do while I wait?

Posted

Don't reveal facts on an open forum. They can be used against her.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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