So basically, me and my girlfriend have been together for 7 months, but known each for 3 1/2 years... we have always been good friends. Well when we officially got to together I made sure it was OK WITH HER PARENTS before we officially started dating... As of Nov. 8,2008 I turned 19 years old, and my girlfriend is 16 years old turning 17, Feb. 17,2009... Like any normal couple we engaged in sexual intercourse... well lucky me, her brother heard us and decided to tell her parents. After this was discussed her parents placed her with a decision... Either to stay with me and get married (keep in mind she is only 16 years old and has no graduated high school, and I am 19 years old trying to get my life on track)... 0R the other choice was to stay with her family and forget all about me... Well if she were to choose me the conditions were we would have to get married, move out together... the whole nine yards... but if she decided to stay with her parents they were going to press charges against me for having sex with a minor... Just to let you all know that the sex was consentual (not between me and her parents but between me and my girlfriend... ) I did not force her in any way shape or form... I know that both of us getting married right now is not the right thing to do.. she has not graduated from high school yet, and I only have a part time job... now here comes the hard part... I want to know what is the law for having sex with a minor if the sex was consentual, and is "blackmail"[sp?] illegal... I would be a man and let her parents press the charges just so she can stay at home but I do not want be classified as a sex offender... any suggestions?

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Originally Posted by psolomon88

So basically, me and my girlfriend have been together for 7 months, but known each for 3 1/2 years...we have always been good friends. Well when we officially got to together i made sure it was OK WITH HER PARENTS before we officially started dating...As of Nov. 8,2008 i turned 19 years old, and my girlfriend is 16 years old turning 17, Feb. 17,2009...Like any normal couple we engaged in sexual intercourse...well lucky me, her brother heard us and decided to tell her parents. After this was discussed her parents placed her with a decision... Either to stay with me and get married (keep in mind she is only 16 years old and has no graduated high school, and i am 19 years old trying to get my life on track)...0R the other choice was to stay with her family and forget all about me...Well if she were to choose me the conditions were we would have to get married, move out together...the whole nine yards... but if she decided to stay with her parents they were going to press charges against me for having sex with a minor...Just to let you all know that the sex was consentual (not between me and her parents but between me and my girlfriend...) I did not force her in any way shape or form...i know that both of us getting married right now is not the right thing to do..she has not graduated from high school yet, and i only have a part time job...now here comes the hard part...i want to know what is the law for having sex with a minor if the sex was consentual, and is "blackmail"[sp?] illegal...i would be a man and let her parents press the charges just so she can stay at home but i do not want be classified as a sex offender...any suggestions?

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I believe the age for consensual sex in California is 18 so, yes, you have committed a crime. She can't consent if she's under 18 from the way I read it. I know you see having sex with someone underage is what "normal couples do." I don't think the Court is going to see it that way.

Depends how badly you want to serve time in jail and be labeled a sex offender.

And, no, I don't see a case of blackmail here but I suppose it's always something you can argue, although it has absolutely nothing to do with the sex charge.

I'd contact an Attorney - very soon.

Here's the law:
California - Age of Consent

So you are in trouble. The only good news is that you may be prosected as a misdemeanor rather than a felony. What that means in terms of sex offender status I'm not sure.

While I won't dispute that its normal for ADULT couples to be sexually intimate, I won't say the same is true of underage or mixed couples.

As Judy said, if the girl is under the age of consent she can't legally consent. So you are guilty of statutory rape.

Also as Judy said, you need a lawyer. Hopefully, the parents will let you plead out as a misdemeanor.

Hello p:

So, her parents want to make you their son in law, or a sex offender, and the choice is your girlfriends to make...

Look, THESE people are NUTS. If you love her, get her away from these idiots.

excon

Yes there are two sides to any story. The first thing I see here is someone with a cavalier attitude towards sex and the law. I find it hard to believe that he didn't stop to think that his girlfriend was jail bait. And it sounds like he was having sex with her under her own roof (how else did the brother hear them?).

But the parents here do sound a bit off. Forcing a 16 yr old to get married, especially to a 19 yr old with a good job, does sound a bit crazy. And I would definitely not recommend marriage.

Well he can have plenty of sex, Bubba in cell block 4 loves young boys who are in prison for rape on young girls,

In fact since many inmates have children he will be very popular when they find out what he is in prison for.

If they turn you in, you will go to prison and be a registered sex offender the rest of your life.

I think you fall into category B) but you should check with a lawyer to make sure. No jail time it seems but still a serious lesson.

California - Age of Consent

(B) An adult who engages in an act of unlawful sexual intercourse
with a minor at least two years younger than the adult is liable for
a civil penalty not to exceed five thousand dollars ($5,000).

Hello Another:

I think you forgot THIS part:

(e) (1) Notwithstanding any other provision of this section, an
Adult who engages in an act of sexual intercourse with a minor in
violation of this section may be liable for civil penalties in the
Following amounts:"

OTHER provisions DO provide for JAIL time.

excon

You could always try to cut a non-court involved deal with them. You apologize for disrespecting them by having intercourse with their daughter and promise to stop contacting her. Then follow through, leaving her alone is for her own good. There are plenty of legal age women out there and you need to start pursuing them.
Ber

Yes, the 5000 dollar is merely the civil ( not the criminal) penalty that you may have to pay the girl and/or her family after you get out of jail

Well, my reading of the California code is that it makes provision for youthful adults who are close in age, versus adults who are much older. This is your case. So 19years with 17years is dealt with quite differently than 21years with 17years. I don't believe jail time obtains in your case, but check with a lawyer and get it settled.

By all means though, after you settle the matter, humbly take your lesson and walk away from the situation. Even if you feel her parents double crossed you after being honest with them and obtaining their permission to date their daughter, they have the power of the law on their side. And, of course, most people feel a child should every opportunity to experience their childhood as a child no matter what current mores are, so you won't get much sympathy for your situation.

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Originally Posted by Another

Well, my reading of the California code is that it makes provision for youthful adults who are close in age, versus adults who are much older. This is your case. So 19years with 17years is dealt with quite differently than 21years with 17years. I don't believe jail time obtains in your case, but check with a lawyer and get it settled.

By all means though, after you settle the matter, humbly take your lesson and walk away from the situation. Even if you feel her parents double crossed you after being honest with them and obtaining their permission to date their daughter, they have the power of the law on their side. And, of course, most people feel a child should every opportunity to experience their childhood as a child no matter what current mores are, so you won't get much sympathy for your situation.

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It's not about the age difference. It's about having sex with a minor who is legally unable to consent.

I don't understand why you think the parents doublecrossed the OP - he asked if he could DATE their daughter. They couldn't give him legal consent to have sex with her (in the first place) and I don't see he asked about having sex with her (in the second place). He won't face jail time for DATING her. He'll face jail time for having SEX with her.

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Originally Posted by Another

Well, my reading of the California code is that it makes provision for youthful adults who are close in age, versus adults who are much older. This is your case. So 19years with 17years is dealt with quite differently than 21years with 17years. I don't believe jail time obtains in your case, but check with a lawyer and get it settled.

By all means though, after you settle the matter, humbly take your lesson and walk away from the situation. Even if you feel her parents double crossed you after being honest with them and obtaining their permission to date their daughter, they have the power of the law on their side. And, of course, most people feel a child should every opportunity to experience their childhood as a child no matter what current mores are, so you won't get much sympathy for your situation.

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No, first it is a 19 year old adult with a 16 ( not 17 yet minor)

So if this was a 16 year old and a 15 year old then you would have to minors. But in this case you have a adult ( over 18) having sex with a minor child ( minor by age of consent in state)

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Originally Posted by Another

Well, my reading of the California code is that it makes provision for youthful adults who are close in age, versus adults who are much older. .

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Yiu need to read the law and the thread more carefully. This is not "youthful adults" this is an adult (19) having sex with a minor (16). Since the age of consent in CA is 18, then she, nor her parents could consent.

There is no question, based on CA law, that the OP is guilty of statutory rape. The only question is whether he was guilty of a misdemeanor or a felony.

Okay Psolomon, the chorus in the Greek play has rendered their verdict, (this is a tragedy with the possibility of great suffering) and you ARE considered a rapist, or something legally close to it. Do what you can to stay out of the legal system. (Years ago I read some tables presenting different criminal charges for different age differences in California, and had these in mind when I made some poor assumptions about the link I gave above.)

If you need any more motivation to take this seriously, look at this online video on the subject from ABC 20/20, it will terrify you into taking care of your situation. The situation is VERY close to your situation:

ABC News: John Stossel Special: The Age of Consent