What to do if there‘s a 14 year old female who keeps trying to start sexual activities with me, a 20 year old?

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Home » Ask a Lawyer » What to do if there‘s a 14 year old female who keeps trying to start sexual activities with me, a 20 year old?

What to do if there‘s a 14 year old female who keeps trying to start sexual activities with me, a 20 year old?

I’d like to know if this is something that were to happen, could haunt me years after the break up?

Asked on August 8, 2013 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Run, don't walk, from this girl. If you should engage in sexual activiuty with her, you could find yourself in legal trouble. Under CA Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person under the age of 18).The crime of statutory rape is also commonly referred to as "unlawful sex with a minor" or as "unlawful sexual intercourse".
 
Statutory rape is a crime regardless of whether or not the sex was consensual or even initiated by the minor. To make matters worse, statutory rape is frequently charged against innocent people; false accusations and wrongful arrests have lead to a large number of bogus prosecutions.
 
This offense is a "wobbler" which means that depending on the circumstances of the specific case, it may be charged as either a misdemeanor or felony. 
 
Note: The age difference between the defendant and the minor is a major factor in determining how the crime is tried. If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe (they can include up to 4 years in state prison).  So if you pursue ths relationship and break-up after you turn 21, the girl will still be under 16 which eans that you could face the above penalty.

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