The girl is definitely underage or this would have been wrapped up already. In California, that is illegal. The whole "parents consented" thing is bullshyt.
For real. It's very easy to look up the laws for each state. California ain't Oklahoma with the age of consent at 16 and the Romeo and Juliet exceptions. If you're over 18 and have sex with someone under 18 in California, you're a statutory rapist.
There is the
Reasonable Mistake Of Age Exception – The defendant honestly and reasonably believed that the alleged victim (minor) was at or older than the age of consent (18 years).
But how reasonable is that with this guy who allegedly was outside a club where the age of admittance was almost assuredly 21, which would make him underage for the club. To get into the club, he'd have to lie about his age. And if he is willing to overlook his age when it comes to getting in the club then it stands to reason that he would overlook the age of a female companion from inside or outside said club.
California Statutory Rape Law under Penal Code Section 261.5 Explained in Detail. Learn the definition of the charge along with potential punishments and legal defenses as explained by licensed California Criminal Defense Attorneys.
www.kannlawoffice.com
I wonder if they would still press charges even if the parents consented. Seems like the parents would be charged with Contributing to the Delinquency of a minor.
California is one state in which statutory rape does not apply to married spouses.
In other words, a person cannot be charged with engaging in sexual activity with a minor when the two are married.
And a minor can marry an adult in California with parental consent. And last I checked, Giddey was not married. So I think you're absolutely right with contributing to the delinquency of a minor should the parents have erroneously claimed they gave consent.