Statutory Rape law in California. I began dating a 17 year old. We started having intercourse at 17 and after she turned 18 years old she got pregnant and just had my child three weeks ago. I am 26 years old. she is no disallowing me from seeing my child. If I file for custody visitation..is there a chance that they can file criminal charges against me (statutory rape) bc she was a minor when we started having sex? The family has threatened to call the cops and accuse me. Is this possible?
State/Country relating to question: California
Hello,Legally the female could file the charges because statutory Rape charges in CA cover any type of sexual intercourse with a minor under 18. Her parents could not do so now since she is an adult. But the fact that she is 18 now would not void the fact that an illegal act was committed when she was a minor..So the short answer is yes, she could file criminal charges. But if you disputed it, it would boil down to a he said/she said situation and any prosecutor knows this. Unless the prosecutor could come up with additional evidence to prove the crime, he may decline to prosecute for lack of evidence..
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