I just turned 26 and my girlfriend just turned 17. We started our relationship around 10 days after her 17 birthday. We have been dating for a month now with serious plans to get married when she turns 18 in 10 months. 2 days ago her parents caught us having sex and they are threatening to press charges of statutory rape under CA law. Please note our relationship is consensual, genuine, and unexpected and we have message threads to prove it is. Even if it has only been a little over a month, I am in love with her and she is too with me. My question is, will this be taken up and prosecuted or is there a high chance for it to be dismissed. Also, using this case, the parents are threatening to deport me but i am technically legal to stay here. Can i be deported?
In order to have any sexual contact with another person that person has to be at least 18 years old in the state of California. Therefore if they can prove that you had any sort of sexual contact with her you could be prosecuted for a serious felony and be looking at time in custody.
As far as whether you would be the ported that would depend on your legal status and is probably a question better ask in the immigration section.
Los Angeles Criminal Defense Attorney - 21 Years Experience
You have the right to remain silent, so start using it! DO NOT post any additional details on the Internet and ask Avvo to remove this post... which is basically a confession to the crime, with enough specific details to tie it to your situation.
Yes, you could be prosecuted for felony unlawful intercourse, sometimes called statutory rape. A child under the age of 18 cannot legally consent to any sex act. It is illegal for ANYONE, even another minor, to have any sort of sexual contact with a person under 18.
If convicted, you could face deportation and permanent exclusion from the United States.
Individuals cannot "press charges." Only the District Attorney can file a criminal case. If contacted by law enforcement, politely say you are exercising your right to remain silent and will not answer any questions without a lawyer.
This is NOT legal advice. It is a general discussion of legal principles by a California lawyer, and does not create an attorney/client relationship. You should always consult PRIVATELY with an attorney. Free consultation only applies to potential clients with a criminal case within 100 miles of Chico, California.
Yes you can and yes you can. Get a lawyer.
This is NOT legal advice and it does not create an attorney-client relationship.
Despite how you or she feel, someone under the age of 18 is NOT LEGALLY ABLE TO CONSENT TO SEX. She cannot legally consent to sex until she turns 18. What you are doing is illegal, and it has absolutely nothing to do with the genuineness of your relationship nor will that be relevant. Statutory rape is a "strict liability" crime which means it is illegal just because it happens, and there are no defenses and no mitigating factors considered. It's illegal, period. Yes, the police can arrest you. Whether or not you can be deported depends on your legal status here and is a question for an immigration attorney.
The information provided is for general educational purposes only and is not intended to be legal advice. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
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