If a 20-year-old man has sex with a 16-year-old girl how does he get out of going to jail on statutory rape charges?

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You are underage and if you think your parents are being cruel in the way they have handled this they are not! They fear you will get pregnant by this young man. Love is love and it can happen at any time, but if you feel you are so mature, then be mature enough to understand the law and talk to your boyfriend and if you love each other enough you can wait until you are 18. Don't be in too big a rush to settle down. You will regret it. I am sure you know young people (could even be some of your friends) that rushed relationships, got married and had kids (or the other way around) and are very unhappy. No more partying with your friends and oh yes, it's time to get out into the workforce and start flipping burgers or waiting tables because you won't have enough of an education to do much more. After all, you need a place for both of you to stay, pay your electrical bills, phone, etc., and if you are lucky pay the high gas prices out there to drive around in a car. Taking care of babies is expensive.
Obviously this young man did not heed the warnings from your parents and he basically could have handled this in a more mature manner. If he really loved you he could have had a heart-to-heart discussion with your parents and said he would wait until you were of age. He is not mature in the least and I think cooling his heels in jail will hopefully smarten him up.


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Thank you for your advice, but that does not answer my question on how to get him out of trouble. Consentual sex with an underage person should not be a crime, I said yes he did not rape me. How do I get him out of trouble??????? J.  

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By the way he was allready ruled not guilty of the felony charge, now the D.A is picking the charges back up. He was ruled not guilty- How do I get the same ruling this time??? J.  

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He must be charged with something other than statutory rape. A person cannot be tried for the same crime once a trial has been held and a verdict rendered. In some states the age for sexual consent is 16 and even younger. The new charges must involve sexual misconduct with a minor or something similar. As to your original question, you can't get him out of it, other than your testimony or sworn affidavit of what happened between the two of you being consentual. The laws are such in most states, a person can be charged with crimes of sexual nature if just the intent can be proven. The D.A. does not need complaints made by outsiders to file charges, the act itself, in some jurisdictions is considered to be a crime against the community. The young man needs a good criminal defense attorney, or should request a PDA.  

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He has the same penal code and everything as the first time. this makes no sense, did the judge or DA mess up or something?  

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An assessment cannot be made w/o knowing all the particulars of the case. It is possible he is being charged with a felony of a lesser degree, the original verdict was overturned on appeal, or any number of reasons. Not knowing the state in which the crime was committed makes it difficult to ascertain what the DA is basing the charge(s) on, sorry.  

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this is in CA. I found that he never went to trial for this. He was acquitted at the prelim because they didn't have enough evidence, but the DA has picked the charges back up. I need a good lawyer don't I???  

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That probably means the person has (or will have) multiple charges filed against them, and the prosecutor has decided to try each count separately. Because there was not enough evidence for the person to be bound over for trial the case was dismissed w/o prejudice. Legal counsel is definitely necessary, if the person does not have the financial means to retain their own attorney a PDA will be appointed by the judge. There is a backlog in almost every state criminal court, especially CA. and if a PDA is appointed it may take quite a while before the case is tried. If the person hasn't been arrested and arraigned yet he should make preparations pertaining to the possibility of having to post bail, asap. Some things that the defendant and any involved persons may wish to discuss are, the gathering of documentation as to good character of the defendant; compiling a record of significant events such as social interaction (holidays, birthdays,etc.) with the young lady's parents, friends (if it was congenial). It would not be advisable to discuss the issue with anyone who is not "sympathetic". Some of the factors that might be considered during the trial are, the current status of the relationship, year(s) of commission of the crime(s) that he is charged with, supporting evidence, any prior criminal history, the role the young woman plays in the legal proceedings.
The Law states clearly that any adult having sex with a female or male 16 or under is committing statuatory rape. It matters not if it was consensual or not. Every adult knows this, and since he made the choice to have sex with a minor, he deserves to suffer the consequences of his action. I have yet to meet a minor, robbed of their innocence and virginity, who didn't regret it later.

First answer by Macky. Last edit by Puppydaze1. Contributor trust: 12 [recommend contributorrecommended]. Question popularity: 34 [recommend question].