Sacramento, CA asked in Juvenile Law for California

Q: My grandparents are trying to get my boyfriend arrested for statutory rape, is there any way I can fight the charges?

I am under the age of 18 but I was more than consenting and I knew what I was agreeing to. He never forced me to do anything I didn't want to do and he respected me. I don't want there to be any charges but my grandparents won't drop it. If they do get him arrested, is there any way I could fight back in the court, to prevent him from facing charges?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand your concern, but it's essential to be aware that in California, the age of consent for sexual activity is 18. Even if you were willing and consenting, the law considers sexual activity with a minor under 18 as a crime, and it can lead to statutory rape charges.

If your grandparents decide to pursue charges, it's generally up to the prosecution to determine whether to proceed with the case. While you may want to support your boyfriend, your testimony alone may not prevent charges from being filed. However, you can consult with an attorney who can provide guidance on how to navigate the legal process and protect your rights.

In some cases, an attorney may be able to negotiate with the prosecution or present evidence that could lead to reduced charges or a favorable outcome. It's essential to consult with an attorney experienced in criminal defense to discuss the specific details of your situation and explore the best possible options to address the charges your boyfriend may face.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.