Yes she can. You are under age and if the system finds out then he can get in some real trouble considering he is over 18. So if she wanted to call the police and send him to jail for statutory she could.

Its a misdemeanor if you are less than 3 years younger. http://www.ageofconsent.com/california.htm

Yes she can and it will be put in a criminal record for him. You can get the charges dropped or overturned once you turn 18 years old but it does not change the fact that he will have a criminal record for life for a sex offense so tons of employment and such forth will not be given to him. You might want to seriously talk to your mother about this and check legal marriage age for California see if she will give permission for marriage if it allows it under law. Beyond that he can be prosecuted in any state for satutory rape which is what they will call it for a minor.

technically she can, it is considered rape because you are a minor and he is over 18. however, if it was consensual, then he might not, by a court ruling...keep talking with your mom about it, and his parents

So...let me get this straight...you were 13 when he was 16 and your mother knew you two were dating or she didn't know? If she knew you all were dating before he turned 18, then you may have a case. However, you'd have to prove 1. that she knew the two of you were dating then and 2. that you have been together since then. The courts won't recognize your mother's claim if you can prove a continuance of the relationship and that it absolutely started before he turned 18. Hope this helps. Keep us updated.

I was in this exact situation with my now wife, what monthes and years were you 2 born in?

On the bright side you can het a GED in jail now.

OK....first off, you should be able to do that kind of basic math. You can do it on your fingers. And if you can't, bless you for getting help and advice, but are you sure you're ready to be in this sort of relationship? In answer to your question, it is more than three years. September 92 to September 91 (1), to September 90 (2), to September 89 (3), to august, to july, to june, we've passed three by now. Technically he can be prosecuted for statutory rape. Also, I'm not quite sure you understand the gravity of the situation--if he's prosecuted, and aside from jail time and everything else, sex offender status affects more than just his future job history. It affects everything. There is no distinction between the person you're dating getting sex offender status, and a kiddie rapist. Sex offender status is sex offender status. He will be on a the open list of sex offenders and where they live. He will be confined to living in areas sex offenders are allowed to live in (and this will affect him in every state he lives in). There are ever growing radiuses around schools and parks etc, where sex offenders are not allowed to live. In some cities, the only available places left for them to live are a two block strip of by the hour motels, and under a bridge. So some sex offenders sleep under a bridge and then go during the day to charge their ankle bracelets. It will affect him for the rest of his life in every way. Where he is allowed to live, job, school, family--his rights. Also, you're saying your mother knew about your relationship for some extended period of time and allowed it. A relationship with an older man (one that's currently illegal) when you were very young. If she turns you in (or if someone else does or you're caught--yes, it happens), your family situation will be evaluated and you risk her losing custody of you. I would not suggest hiding this from your mother. Nor would I suggest pushing for a marriage at the age of 16, simply to allow you to have sex. I'd suggest talking with your mother. And talking with your boyfriend. And I'd suggest seriously considering whether or not the relationship in its present form is right for you. What is the relationship based on other than sex? Can you be in this relationship and not have sex? And wait? Clearly, you've been together a long time, so hopefully there's more here. Think about it this way. If there's enough for things like marriage, the relationship shouldn't need it. I'm not saying you shouldn't want it, but if that's all you have, that's not enough to build a marriage on. And if you think the relationship is worth saving, but can't, or aren't willing to give up sex for a while, then maybe it isn't. Think about it. You're talking about keeping your relationships with your boyfriend and your mother intact, your boyfriend out of jail. Of risking your relationship with your mom for your boyfriend. You're worried about your boyfriend going to jail. Those are serious things. That have lasting repercussions. If the relationship is that serious, that worth saving--if you're willing to risk your relationship with your mother, if you're ready to get married, if your relationship is worth that much, then why not try not sleeping with him for a while? You can tell the mother the truth, he doesn't risk jail time, you don't have to get married at the age of 16. But before you do anything, thinking about everything that you're risking, and you're not just risking yourself.

Yup. I was 17 when I started hitting it with the first wife. She got pregnant during the time we were both 17 then I turned 18. Her mother gave me the option of marrying my first wife or jail. I married her. We later divorced but I doubt the age rules have changed.

Oh yeah you can. I live in California as well.