Q: Can a 20 year old female lesbian date a 17 year old female teenager without parents consent?

A: Yes, so long as no sexual conduct takes place. Here is what one attorney has written (http://www.shouselaw.com/statutory_rape.html)

Under California Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person under the age of eighteen (18).1 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 the sex was consensual...or even initiated by the minor (the supposed "victim" of the crime).2 The reality is that we live in a world where teenagers are sexually active...which means that the crime of statutory rape occurs every day, and that countless otherwise law-abiding people find themselves being prosecuted.

Here are some examples of scenarios that can lead to charges under California's statutory rape statute:

A 19-year-old female high school senior has sex with a 16-year-old male who is in several of her classes;

A 35-year-old college professor develops a sexual relationship with a 17-year-old girl who is in one of the classes he teaches; and

A pair of high school sweethearts who have been dating for three years have sex for the first time when he is 18 but she is still only 16.

To make matters worse, statutory rape...like other sex crimes that people allege out of jealousy, anger, revenge, or misunderstanding...is frequently charged against innocent people. False accusations and wrongful arrests lead to a large number of bogus California statutory rape prosecutions.

Penalties

The offense of statutory rape is a wobbler, which means that...depending on the circumstances...it may be charged as either a misdemeanor or a felony.3

The age difference between the defendant and the minor is one of the major factors 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...and can include up to four (4) years in California state prison!

Legal Defenses

Having an attorney who specializes in defending against California sex crimes is the key to safeguarding your rights...and to protecting your future. A good attorney knows that there are certain legal defenses that can help you beat statutory rape charges.

Two of the most helpful legal defenses are:

You honestly and reasonably believed the minor was over 18, and

No actual sexual intercourse took place.

http://www.shouselaw.com/statutory_rape.html