For example, in California, if the victim is over 18 and the offender is no more than 3 years older than the victim, the offender is only guilty of a misdemeanor. [4] X Research source If both parties are under the age of consent, they may both be guilty of statutory rape, depending on the laws of the state. [5] X Trustworthy Source Public Counsel Largest pro bono law firm in the U. S. Go to source
Prosecutors do not pursue every case, and may decide not to prosecute less serious cases, such as consensual sex between two 17-year-olds. [8] X Trustworthy Source Public Counsel Largest pro bono law firm in the U. S. Go to source Prosecutors are more likely to bring charges if the case involves a large age difference, a victim with a disability, drugs and alcohol, or the abuse of a position of trust, such as a teacher or coach. [9] X Trustworthy Source Public Counsel Largest pro bono law firm in the U. S. Go to source
As you cooperate with the investigation and assist the investigators with the collection of evidence, keep in mind the elements that the prosecution will need to prove. The age and marriage status of the parties will be easy to verify. Most of the investigation will be spent figuring out when and how the sexual contact occurred.
Other physical objects that can be used as evidence include articles of clothing or personal possessions belonging to one person found in the home or vehicle of the other. [11] X Research source Investigators will seek search warrants to seize evidence of the relationship in the offender’s possession.
If you have evidence that can refute such a defense (such as a diary entry stating that the offender picked the victim up from school), provide that evidence to the investigator.
