There has been a lot of back and forth on the 270+ page Araiza thread since Thursday about this. General agreement, from those who have looked in to Californian law, seem to be that, if Araiza has good reason to think she was 18 then that charge may not be placed, dependant on witness statements etc. Additionally, the age gap suggested that it could be treated as a misdmeanour rather than a felony as the alleged offender is 21 or under and the alleged victim is not 16 or under.