If a 22 year old girl is in a relationship with an 18 year old girl, can the 22 year old go to jail?

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If a 22 year old girl is in a relationship with an 18 year old girl, can the 22 year old go to jail?

The relationship began when the 18 year old was 16, and her parents tried to get the 22 year old, who was 20 at the time, thrown in jail. The case was turned down to even go to court. If the 18 year old’s parents tried hard enough, could they get the 22 year old thrown in jail even though both are over 18?

Asked on November 2, 2011 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Given the fact that under the circumstances that you are writing about, the two women (girls) are both adults (over the age of 18), the parents of one or the other have very little say if anything about their relationship presently. 

Additionally, if law enforcement years ago was not interested in pursuing a criminal action several years ago, it will be less inclined now due to the passage of time and the fact that the relationship now is between two adults. I see nothing warranting a criminal charge based upon what you have written.


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