Hey,

This is in los angeles, California. So my friend dated a senior in high school. She was a sophomore at the time. The guy was 18, she was 15/16 (16 at the end of the relationship). She found out he cheated on her, and she just felt like he used her. They had intercourse and oral sex.

This was about a year and a half ago. Now, she's been telling me she wants to report him. I've told her not to, as I think she's using the law for revenge. And to be honest, sophomores and seniors date all the time..

Realistically, if she were to report it now, do you think it would go anywhere? Any other information is appreciated it.

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Originally Posted by maddyxoxo

realistically, if she were to report it now, do you think it would go anywhere?

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Hello m:

No. Like you, the cops recognize revenge, and that's not what they do.

excon

In CA having sexual intercourse or oral sex with someone under the age of 18 is considered statutory rape. Given that the BF was 18 and the girl was a minor (less than 18) the penalty depends on the age difference between the two people:

If the BF was less than three years older than the minor girl at the time of unlawful intercourse it's a misdemeanor and has a 1 year statute of limitations. It seems from your description that this time frame may have already passed.

If the BF was more than 3 years older than the minor girl then it may be either a misdemeanor or felony, and has a 3 year statute of limitations.

In addition to criminal penalties he may also be subject to civil penalties, which could range from $2000 to $10000.

For references see:
California Statutory Rape FAQ | Sexlaws.org
California Statutory Rape Laws | Sexlaws.org

Hey. I had almost the same scenario happen to me when I was 15--only it was in the 1970's and the guy was 23. I even got pregnant and had an abortion. He also cheated on me. I investigated the laws in L.A. regarding such matters in the late 80's (in a different context--it was for sexual abuse I suffered at age 8) and unless it has changed--the "victim" has 7 years to report the incident or incidences from the time they are first able to speak of it. Which means, if you keep it a secret for 20 years and finally are able to talk about it--you have 7 years from that time. The Statute of Limitations is 7 years. Your friend could report it--even though it sounds like she's only being vindictive, and the sex she had was consentual. The thing is--if she reports him, and then changes her mind--The State has the right to press charges even if your friend decides she doesn't want to. It will be out of her hands--and the guy will have to live with the title of "Registered Sex Offender" for the rest of his life. So, to answer your question--yes, she can press charges. But does she REALLY really want to do that to him? Out of spitefull vengeance? Her sex was consentual and she should just count it as a good lesson.

@excon: I agree. Thank you. I doubt she would do it, but even if she did, I told her I doubt the cops would care about something that happened between two highschoolers over a year ago. They have more important things to deal with!

@ebaines: Thanks for providing that.

Any other information is appreciated.

Cool. My first post is also my last.

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Originally Posted by SassyLittlePunk

cool. my first post is also my last.

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Hello S:

Bummer you got a reddie right off the bat.. But, if you stick around, you'll find that reddies mean you DON'T suck up. You don't tell 'em what they WANT to hear. You tell 'em the truth. We LIKE that.

excon

@Sassy: Opps, I gave you a red by accident. Just fixed it :D

S: I understood what you were trying to say, and agree with the general gist of it, But I need to correct a couple of factual errors:

The statute of limitations that I referenced are for statutory rape when the perpetrator is under age 21, as in this case. There are longer statutes of limitations for other sex crimes such as incest or sex abuse, sex involving children under 14, etc - so the 7 years you mentioned must be in relation to one of those other crimes. Also, in CA an 18-year old convicted of statutory rape does NOT have to register as a sex offender. However, if he ever moves to another state it's possible that the new state may require him to.

ebaines: You are right about the statute of limitations for misdemeanor statutory rape; it is 1 year. But based on what I read, the statute of limitations for oral sex is much longer. Doesn't make sense. Not sure if it's something that's enforced, or just an old law that hasn't been changed yet. I don't see how intercourse only has a 1 year statute, but for oral sex it is till the victims 28th birthday. Weird.

Thanks for the answers everyone :) this question is for excon.

@excon: llike me, you realize that she just wants revenge. I know her ex, and he isn't a bad guy. What worries me is, how would the cops/prosecutors know she's there for revenge? I mean, any girl can put on an act and pretend like she was taken advantage of by an older guy. How can they tell?

Of course he is not a bad guy, great guys go to prison every week for having sex with their girl friends. They can even be together and the girl does not want to testify.

A member of my family was 18 and the girl 15, he is doing 5 years and will be a registered sex offender for the rest of his life for oral sex in his car. Got caught by police.

So is she trying to get revenge, yep, is she bluffing ? Who knows,

Chuck, your right. I've heard of those cases a lot. Thing is, this was over a year ago, and they weren't caught.

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Originally Posted by maddyxoxo

how can they tell?

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Hello again, maddy:

It happened a year and a half ago. If she felt victimized, THAT was the time to report it.. When you wait, there are OTHER considerations. The cops are not dumb.. They'll interview her, and they'll find out that she's just pissed... Finally, they'll interview YOU, and YOU'LL tell them.

excon