Will a 19-year-old girl be charged with statutory rape if she had sex with a 17-year-old boy?

Full Question:

I caught my seventeen year old son having sex with his 19 year old girlfriend. If reported will she be charged with statutory rape?
01/16/2017   |   Category: Criminal ยป Statutory Rape   |   State: California   |   #30292

Answer:

In California, the age of consent for having sexual intercourse is eighteen years. Any person who has sex with someone seventeen years or younger is said to have committed statutory rape. The law is stated in Cal Pen Code § 261.5 that reads:

“ (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.

(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.”