Legal dating laws in california

02-Oct-2017 23:36 by 2 Comments

Legal dating laws in california

App.4th 1152 [which held that date of separation requires an intent to terminate the marriage and actual physical separation].If all of that is too wordy for you, you’re not the only one!

legal dating laws in california-7legal dating laws in california-5

Sometimes, they are arguing over who will stay in the home (and making a statement by not moving).

While it is a reality that many California teenagers are sexually active, according to one California court, “that fact alone does not establish that minors have a right to privacy to engage in sexual intercourse.” Thus, in the state of California, it is against the law for a legal adult – someone age 18 or older – to engage in sex with a minor – anyone below the age of 18 – even if the sex is “consensual.” Adults who break that law can be charged with statutory rape.

Statutory rape laws presume that minors are incapable of consenting to have sex.

Basically the California Family Code used to say that spouses had to be “living separate and apart” in order to define a date of separation.

Now, that requirement has been removed and the defining date of separation does not have to mean that one of the spouses has moved out of the house.

The information is not presented as a source of legal advice.

You should not rely, for legal advice, on statements or representations made by RAINN.

The penalties for a statutory rape conviction will depend, along with other factors, on the ages of the defendant and victim.

The charges considered statutory rape in California include: Depending on the ages of the individuals who are involved and on other factors such as prior criminal convictions, a statutory rape charge may be filed and prosecuted as either a misdemeanor or as a felony in California.

This Senate bill also applies retroactively to all divorce cases that are still pending as of January 1, 2017.

Specifically, Senate Bill 1255 adds new California Family Code Section 70.

For reprint permission, please contact RAINN's vice president for public policy, Rebecca O'Connor, at [email protected]