Consensual sex? California Law.....?

Considering she is still pregnant, there is still no proof until she gives birth. They would not bother to go back to when she was 15 as the age of consent in California is 18, meaning she will be a minor for sexual activity until she reaches the age of 18. This also means there is no way she could have consented to anything until she is over 18. Get it, under 18 CANNOT give consent in California.

The key here is did he prevent her from leaving the hotel? Her lack of option is subjective and potentially in terms of a complaint with hindsight. Her crying is irrelevant. Her going to work the next day is irrelevant. The history of abuse is irrelevant to a rape allegation but is a crime in its own right. His drug abuse is irrelevant to the rape complaint.

The concept of consent lies in the fact that their was no direct threat - i.e. she would not have been subject to violence or a restriction of her freedom if she had not consented.

As the focus of the question appears to be about a rape charge, there was no crime so the concept of statute of limitations does not apply.

What is the Statute of Limitations for rape in California?

The statute of limitations in California is based on the potential sentence of the crime, for example, crimes punishable by the death penalty have no statute of limitations. Because of this, it is very difficult to accurately predict the statute of limitations for a particular survivor since it depends upon which crimes the prosecutor would charge in their case. The only way to accurately tell whether or not a statute has expired is to report the crime. There is no statute of limitation for reporting a crime to the police, so a survivor may do so at any time. Even if the statute has expired, a survivor may be contacted if their case is connected to other subsequent cases.

The physical abuse would be a violation. I am not sure the statute of limitations on that, but if there aren't any bruises or they all healed up, its hard to prove.

Him being on Meth isn't a crime, possession is a crime, but having it in your system is not, however, they could cite him for public nuisance.

As far as the sex, there is no crime, because she consented. She might not have wanted to at first, and if he would have had sex with her when she said no, then it would be rape, however, after harassment from him, she agreed to the act.

BTW, she had another option, she could have called a friend for a ride, or she could have called a cab for a ride. She could have also started to walk. So she had options.

The only way it could be rape is if she said no. But, she gave in to him. I understand what you are saying, but it would be considered rape. He didn't force himself onto her. She agreed to it, even if its under duress, she still agreed.

Direct from CA penal code 261 and 262

Are they married? CA law distinguishes rape of a spouse from NON-spouses:

Rape is an act of sexual intercourse accomplished with a

person not the spouse of the perpetrator. . .

IF they are not married, then this subsection would cover the circumstances you describe:

Where it is accomplished against a person's will by means of

force, violence, duress, menace, or fear of immediate and unlawful

bodily injury on the person or another.

or possibly:

Where the act is accomplished against the victim's will by

threatening to retaliate in the future against the victim or any

other person, and there is a reasonable possibility that the

perpetrator will execute the threat. As used in this paragraph,

"threatening to retaliate" means a threat to kidnap or falsely

imprison, or to inflict extreme pain, serious bodily injury, or

death.

Further defining info:

As used in this section, "duress" means a direct or implied

threat of force, violence, danger, or retribution sufficient to

coerce a reasonable person of ordinary susceptibilities to perform an

act which otherwise would not have been performed, or acquiesce in

an act to which one otherwise would not have submitted. The total

circumstances, including the age of the victim, and his or her

relationship to the defendant, are factors to consider in appraising

the existence of duress.

AND

In prosecutions under Section 261, 262, 286, 288a, or 289,

in which consent is at issue, "consent" shall be defined to mean

positive cooperation in act or attitude pursuant to an exercise of

free will. The person must act freely and voluntarily and have

knowledge of the nature of the act or transaction involved.

IF they were married, he would be guilty of :

Rape of a person who is the spouse of the perpetrator is

an act of sexual intercourse accomplished under any of the following

circumstances:

(1) Where it is accomplished against a person's will by means of

force, violence, duress, menace, or fear of immediate and unlawful

bodily injury on the person or another.

The definitions of duress are identical.

could she leave the hotel room and walk? If not, then that is unlawful imprisonment.

If she could not leave (no way out) until she gave in to sex, then yes, that is a crime in every states. California would consider it unlawful imprisonment and criminal sexual conduct.

If she could leave (just without a ride home), then it is not imprisonment, but it is sexual harrassment.

I will look this up and if I find anything else, I will get back to you

Yes, he committed several crimes, including kidnapping and rape. The other posters seem to have missed the point that he refused to let her leave the room; that's kidnapping. Her only way out was to allow sex. Since the sex was enforced, it is rape.

Federal statutes apply here, as well as state law.

Yes, he did break the law! A good defense attorney would argue he didn't because she finally gave in. But in actuality he did in fact break the law by making her have sex with him even though she didn't want it. The limitations differ in states i know that in Ny (from watching Law and Order) that it is 5 years. I'm betting its around that time

i dont apprecaite being told off because i watch law and order!! F U C K you lady!!

I highly doubt this is for a school project, but he didn't break the law by refusing to take her home, and hence to work, he knew she needed to get there and would eventually give in. Even meth addicts require some lovin!!!! She had the option to call a cab, call a friend, CALL THE POLICE, they are there to protect and SERVE. You say she had no options, I say she had at least 3.

School project...right, pretty specific for a hypothetical situation. Sounds like this guy's a real winner. I say look under the bed, or anywhere else you might have left your brain, and leave him. Or are your CD's in his truck?