Criminal Defense Attorney Orange

There is obviously no way to stop them calling the police and saying whatever they wish. But with nothing other than their word as evidence I doubt things would go much further than that.

It sounds like she would have to testify that you had sex. Without that I don't see how you could be prosecuted.

First of all, they cannot file charges, only prosecutors can. Secondly, it doesn't matter what really happened between you and the girl. What matters is what they "accuse" you of. Statutory rape often involves a lot of he said she said, so you can very easily be convicted even if you are innocent. My advice is, go find another girlfriend. That's exactly what you will be thinking when you are behind bars and only "boyfriends" are available.

They want to scare you away from their baby. So long as she doesn't say you and she were involved in sexual activity, you are fine. I doubt if they will go to the police if she won't cooperate. Get an older girlfriend.

If a girl is under the age of consent (18) in California and agrees or even initiates the sex she is assumed that she did not have the maturity to consent. In order to convict for statutory rape under California Penal Code 261.5, the prosecutor must prove; 1. That a male and female engaged in an act of sexual intercourse, 2. That the persons involved in the act were not married to each other at the, and 3. That the alleged victim was under 18 at the time of the offense. 4. That the defendant knew or should have known that the alleged victim was under 18 at the time. This is what has to be proven to convict you of statutory rape. The fact that you both are under 18 helps mitigate the crime. With the ages of both partied this is not the type of case the D.A. normally proceeds on.

There is no statutory rape here. You are not 18 yet. You are both juveniles, so that's not statutory rape.

You wont get arrested unless there are some evidence that you had sex with her or did sexual acts. The evidence would usually come from the girl herself. She'd have to tell the cops that you did something sexual with her. Her parents saying they think you did is not enough. You can't be arrested for just suspicions by the parents but they can make it pretty tough on you for the next 2-3 years.

Parents do not file charges unless they are District Attorneys, that is the first thing to remember. Secondly, a D.A. can file any charge they want against anyone they want, it does not mean they can prove it. If I were in your situation, I would ask your girlfriend to sign a statement saying that you have not had sex and will not have sex until she is 18 years old, that may help you if the parents try to call the police and claim that you two have been having sex. Be careful though because even though you are not 18 yet, you can still be punished for having sex with a minor. (both you and your girlfriend can be punished, but they will only punish you.

Stat rape requires evidence of intercourse. Only you (and she) know if there is that evidence.