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

Asked 12 months ago - 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?

Additional information

I should add that we are both female

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20


    Lawyers agree


    Answered . 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.

  2. Michael Moshe Levin

    Contributor Level 15


    Lawyers agree

    Answered . 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... more
  3. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . 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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