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However, a charge could only be made if it came to the attention of law enforcement officials.
A minor can only legally consent to sex if he/she is legally married.
A minor can obtain emancipation from his/her parents or legal guardians by getting married, joining the military or obtaining a court’s permission.
However, the minor must notify his/her parents or legal guardians that a petition for emancipation has been filed or explain to the court why he/she does not want to notify them.
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.
Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you work or live.
Get familiar with these laws, so you and your partner know what is or isn’t legal in your state.
California Penal Code Section 261.5 also states that two minors, emancipated or not, who engage in sexual intercourse constitutes .
Even if both minors consented, they could still face statutory rape charges because California’s age of consent is 18.
This is a legal status that lawmakers created for your protection. 10.“Minors’ Access to Contraceptive Services,” State Policies in Brief, The Alan Guttmacher Institute. 11.“Emergency Contraception,” State Policies in Brief, The Alan Guttmacher Institute. 12.“Emergency Room Requirements To Offer/Provide Sexual Assault Survivors with Emergency Contraception.” Henry J.
We want you to be informed because being a “minor” affects your right to information and services. Keep in mind that these laws may be different for you if you are legally considered an emancipated minor, pregnant minor, minor living apart or married minor. 18 In the eyes of the law, teenagers of certain ages cannot consent or agree to sex until they reach a specific age. Emancipated minors are no longer under the care and control of their parents.