Can a 17 year old boy get arrested for having sex with a 13 year old girl?

My sister has a boyfriend that we weren’t
aware of and they have had sex twice we
believe. My mother is taking her to the doctors
to check if she’s still a virgin or not. What can
we do ? The boy is 17 year old and she’s only
13 years old. Can we have him arrested?

Asked on May 11, 2017 under Criminal Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, he can and whether any sexual activity was consenual, does not matter in this case. Under CA law, "statutory rape" is defined as a when any person engages in sexual intercourse with a person under the age of 18. For sentencing purposes the most significant factor in such a case is the difference in age of the victim and defendant. Here is a ink to a site that will explain further:

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