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

Answers:

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: https://www.freeadvice.com/news/Criminal+Law/consent-not-a-valid-defense-under-california-statutory-rape-law.htm


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