If you or a loved one is facing a charge of statutory rape, whether you or the alleged “victim” is or was an emancipated minor or not, it is critical that you speak to an experienced criminal defense attorney.At Wallin & Klarich, our attorneys have over 30 years of experience in handling statutory rape charges in Southern California.
Even if both minors consented, they could still face statutory rape charges because California’s age of consent is 18.
In the state of California, the age of consent for sex is 18 years of age.
A minor, emancipated or not, cannot use consent as a valid legal defense in a statutory rape case.
Remember as well, that teachers, counselors, doctors, nurses, even daycare providers, are mandated "reporters", and as such, it is their duty to report anything of this kind of nature to police.
There does NOT have to be any physical "proof" in order for one to be charged in a case of this nature.