If my brother is 19 and his girlfriend will turn 18 on 3 months from now, can he get into trouble since she’s pregnant?

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If my brother is 19 and his girlfriend will turn 18 on 3 months from now, can he get into trouble since she’s pregnant?

She is about 1 month pregnant. I would like to know if her parents could press charges against my brother? The sexual intercourse was consensual but I’ve known that this doesn’t matter if she is underage.

Asked on December 23, 2012 under Criminal Law, California

Answers:

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

Answered 8 years ago | Contributor

In CA the "age of consent" (i.e. the age at which someone can legally consent to having sexual relations) is 18. Therefore since your brother's girlfriend is 17, potentially your brother could be in legal trouble; he has broken the law. It all depends if someone files a criminal complaint against him. If so, he could be charged with a misdemeanor.


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