California law on minors dating

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In California, minors cannot legally consent to sexual activity.That means all acts of sexual activity with minors could be considered rape, even if both the alleged victim and the defendant are under the age of 18.However, sexual intercourse between teenagers is often not legal, and it could lead to serious legal consequences.Lets take a look at how teenagers could face criminal prosecution for engaging in sexual activity.

The incapacity of minors is written into the statute thereby creating “statutory” rape laws.

(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.

(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

This is akin to or similar to the defense of “mistake of fact.”Factors that a prosecutor, jury or judge acting as the trier-of-fact will look at include: A minor victim, like an adult, may have felt slighted by you or is seeking to punish you for rejecting him/her by falsely accusing you of having had sex.

However, if there are no available semen samples to match your DNA, then other evidence may be needed to prove that you did engage in sexual intercourse.

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