What happens when an under-aged woman gets pregnant by an adult?

Question

If a 17 year old girl gets pregnant by a 21 year old in California then what happens to the adult?

Mark R. Thiessen · Answer

Have no idea about California law.  It's completely backwards from Texas.

George Derieg · Answer

That adult can be charged with statutory rape under California Penal Code section 261.5. But either the pregnant minor, or her parents need to contact the local police to file a report.

Austin Hirschhorn · Answer

Under California Law the age of consent is 18.  You inquired about the penalty that a 21 year old could receive for impregnating a 17 year old. California Statutory Rape Law is tiered in the penalties that are applicable depending on the ages of the parties involved.  It is a felony if the age difference is more than 3 years and in addition to the criminal penalty there is also a civil penalty assessed in a criminal prosecution for statutory rape in California.  The only exception to prosecution is if the parties are married.  The criminal complaint would have to be made in California and the case would be prosecuted there if the adult male still lives there.

Eric Sterkenburg · Answer

In order to convict a person of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as "elements of the crime"). These facts include: 1.that a male and female engaged in an act of sexual intercourse (any amount of penetration, regardless of how slight, constitutes sexual intercourse...even if there is no ejaculation), 2.that the persons involved in the act were not married to each other at the time (the fact that the minor is married to another or was formerly married does not excuse liability for this offense), and 3.that the alleged victim was under 18 at the time of the offense. It is important to note that there is no requirement for the prosecutor to prove that force was used to accomplish the sexual intercourse...It's simply the age of the parties that is relevant. The age of the parties is critical to sentencing. As such, the prosecutor may additionally have to prove that at the time of the alleged offense: 1. A person and the alleged victim were no more than 3 years apart in age, 2. A person and the alleged victim were more than 3 years apart in age, or 3. A person was 21 or over and that the alleged victim was under 16.

Leonard A. Kaanta · Answer

I don't know California law, each state has their own laws.

Mark Smith · Answer

With consent - nothing.

Dennis P. Mikko · Answer

It would depend on what the age of consent is in California.  In Michigan, the age of consent is 16 so there would be no crime committed.

Larry Dunn · Answer

You should consult a criminal defense attorney in California as the laws   are not the same in Nevada as other states.

Dean Valente · Answer

Suggest you pose this question to a CA atty because it occurred in that jurisdiction so CA law controls. My guest is that 17 is at least the age of consent though.

Francis Cowhig · Answer

He could be charged with Statutory Rape as the age of consent in California is 18.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze you case and advise you of your options.

Dennis Roberts · Answer

He will be prosecuted and it is pretty serious. The only defense would be that  she swore she was 18 and he saw some proof.  Since they can blood test the baby  and him if he did do it he is in deep doo doo.

Jason Savela · Answer

If this is in California, then you need to ask California attorneys, not Colorado attorneys.  In Colorado, if the sex was consensual and while the girl was 17, it is unlikely to be a crime.  The only way it is a crime is if the boy was a teacher, coach, babysitter or some other person in a position of trust.

Brian Wanerman · Answer

The man could be charged with statutory rape.  But, this is an uncommon occurrence.  Of course, if the sex was not consensual, one of the parties could face a straight rape charge.

Gary Russell · Answer

Since it happened in California, California law will apply.  In Michigan, criminal sexual conduct 3rd degree (or statutory rape as it is commonly known) only applies to those under 16 years of age.

James Osak · Answer

Unless it was rape . . . nothing.  What is the age of consent in CA?  I believe 17 is legal (but I don't practice in CA).  Good luck.

Bernal Ojeda · Answer

Penal Code 261.5 states its a misdemeanor and can be a felony depending on the age difference.  If parties were dating it can be a mitigating circumstance. But jail time should be considered.

Stephen Freeborn · Answer

Nothing based upon the facts you have given.

Terry Nelson · Answer

Are you not familiar with the term  statutory rape?   It is a sexual offense felony chargeable on the adult that could result in registered sex offender status and prison time.    The girl can sue for civil damages as well.  It that is you, get an attorney.

Matthew Sharp · Answer

That would be governed by California law.

James Schoenberger · Answer

In WA that is called rape of a child in the second degree and is a felony. But if the event took place in CA then you need to look to the law in CA.

Leonard Harden · Answer

In NH age of consent for sex is 16.  So no crime but angry parents.  Contact a CA lawyer.

Nathaniel Shafer · Answer

In many states, that is considered statutory rape and could lead to criminal punishment for the adult.

Harley Gutin · Answer

In Florida: Sexual relations between a sixteen year old and a twenty one year old is legal. If the guy was 24 it would be illegal.  Don't know if California as a over sixteen statute.

Robert De Groot · Answer

This is a California criminal defense question, but it was asked to Florida attorneys. In Florida there is no crime committed. If the adult were 24, a sexual battery could be charged. It is a very serious criminal matter which should not be taken lightly. There are mountainous ramifications nowadays. Each case is different and each case demands the indivudualized attention of an aggressive criminal defense attorney.

John Brennan · Answer

Under Michigan or California law.  In Michigan the general age for sexual consent is 16.  The father will be responsible, generally for all or part of the costs of the pregnancy and birth, and will be liable for child support.  He will also have a parent's rights to his offspring. Make and appointment or call an attorney with all of the facts for specific advise and counsel.

Steven Alpers · Answer

If you are the male you can be charged with statutory rape, having sex with a girl who is under the age of consent.

Stuart Nachbar · Answer

Can be charged with rape, and other sexual crimes possibly.

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What happens when an under-aged woman gets pregnant by an adult?

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