Fremont, CA asked in Family Law, Juvenile Law and Criminal Law for California

Q: My 15yr old sister dates a 28 yr old man with her concent. Can we encarcelate him?

She started dating a 28 year old and the relationship has been for more than a yr until the family found out. We did call the police and their is a report. However , when the investigator went to her school to interview her she decided not to proceed with the case. Is it possible to still fight these case so that he can stop seeing her and maybe he can go to jail. We also try to put a restraining order on him but was unsuccessful because the minor has to want it.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: The minor is too young to consent. The parent can get restraining orders against a man, and if there is suspicion that sexual activity is taking place, then a report can be made and the minor can be taken to a medical facility for a medical exam to determine if there, in fact, has been sexual activity. In that case, the local police should be called and that man can be charged with statutory rape.

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