The 18-year-old, no matter their gender, may be charged with statutory rape under California law. Even though they are both seniors in school and have been dating for years and the 17-year-old gave their consent, this is illegal.
Our attorneys are constantly asked hypotheticals involving two teens dating one is 18 and therefore able to give consent, but the other is 17 and therefore unable to give legally recognized consent. What Does California Law Say About Statutory Rape and the Age of Consent?
Sexual activity with someone under 18 is considered statutory rape because the minor is unable to give their consent in the eyes of the law. This is the age that the law believes teenagers can willingly agree to sexual activity knowing the risks and with the capacity to make a decision. In California, the age of consent is 18 years old.