Simi Valley, CA asked in Criminal Law, Domestic Violence, Juvenile Law and Sexual Harassment for California

Q: What all could happen if a 14 year old girl is caught sleeping and gets pregnant with a 25 year old man?

One of my friends who is 14 just told me that she is sleeping with a 25-year-old I'm scared as to what would happen if they ever get caught but what would happen if they do get caught? How long would he go to prison for ? If she says it was consensual will he still get in trouble ? And since he's the father of the baby will he be able to stick around or will he have to go to prison? And what would be the average sentence for a case like this?

3 Lawyer Answers
Brian Scott Winkler
Brian Scott Winkler
Answered
  • Criminal Law Lawyer
  • Shafter, CA

A: There are so many legal issues involved in that question, it reminded me of taking the bar exam a few decades ago! I'll do my best to just give answers, and then provide a little narrative in what could be a game changer!

1) if they were caught, it would definitely be statutory rape at the very nminimum, however, due to the age difference, the minor being (14), another set of legal obstacles would be this would fall under a more serious offense, under CA Penal Code 288 et. al., which under the circumstances described, would add additional prison time ( up to 3 years), and a lifetime of being a sexual registrant under California Penal Code 290.

2) The consent of your friend is literally moot, because under California law, the mere fact that the victim is 14, deems her unable to provide consent, due to her presumed lack of mental capacity under the age of 18.

3) The male adult of 25, would not only be unable to stick around, the pregnancy of a 14 year old, would generally allow the District Attorney to include an additional charge of great bodily injury, which allows an other 5 yrs to the sentence.

In an effort to simplify a rather difficult case due to the facts presented and ultimately the investigation that will take place, it is important to note that a charge can be added for every act, meaning how often did this behavior take place and how many times did they have unlawful sex. Additionally, I did not approach numerous other related charges that will be investigated, such as were other sexual acts ever performed during sexual intercourse, such as oral compilation, or other touching of the vaginal area.

In this particular case, there could be a sentence up to 8 years of prison, and a lifetime of being a sex registrant, and depending on the depth of the investigation, numerous other related charges that would increase the incarceration period. Again, this is a brief overview, but should outline the very serious nature of the offenses involved.

William John Light agrees with this answer

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: Sex with a minor is a crime: this sounds like a felony. His sentence, if convicted, depends on his priors and the facts of this crime in full. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: That's rape. The man is a felon and will go to prison. She can't give consent at 14. If you were really her friend, you would contact the police. She is making a horrible decision with lifelong consequences.

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