Can my husband be charged criminally for child abuse?

I recently found out that my husband, who is my 17 year old daughter’s step-father, is having a sexual relationship with her. I caught them together so there is no way he can deny it. He says the relationship is consensual and because she’s almost 18, there is nothing anyone can do about it. I live in San Hose and have reported it to California child protective services and they are investigating. This situation makes me sick and nothing is moving fast enough. What can I do to bring criminal charges against him for sexual child abuse, or possibly rape, of my daughter? Does it matter if she consented to the relationship? She says she loves him but she is still a child and should not be able to consent. Also, does my husband’s sick behavior matter in a divorce, because obviously I’ve left him and intend to do whatever I can to take everything from him.