Statutory rape is a sex crime that involves having sexual intercourse with someone who is underage. California’s law against statutory rape makes it a crime for anyone 18 years of age or older to have sexual intercourse with anyone under the age of 18. To complicate matters, research shows that more than half of teens today are sexually active, which means statutory rape violations happen more often than you might think. If you are 18 and you have sex with a minor in California, whether you knew the person was under 18 at the time or not, you could be charged with statutory rape, even if the sex was consensual and you had no malicious intent. Statutory rape charges carry harsh penalties under California law. If you find yourself in this position, you need a criminal defense attorney on your side who understands the law and can present mitigating circumstances to the district attorney on your behalf. Call Sevens Legal today at (619) 430-2355 to learn how we can fight for you and help protect you against life-altering statutory rape charges.
Key Takeaways
- California’s law against statutory rape makes it a crime for anyone 18 years old or older to have sexual intercourse with anyone under the age of 18.
- If you are 18 and you have sex with a minor in California, you could be charged with statutory rape, even if the sex was consensual and you had no malicious intent.
- The penalties associated with a statutory rape charge in California can include imprisonment, hefty fines, and a criminal record.
- If you find yourself facing statutory rape charges in San Diego, you need a criminal defense attorney on your side who understands the law and can fight for you.
What’s Statutory Rape?
Many people who aren’t familiar with the law wonder what is considered statutory rape? Penal Code 261.5 is the legal statute that covers statutory rape crimes in California, and this law states that any person can be charged with statutory rape if that person engages in unlawful sexual intercourse with a minor.
What’s the Age of Consent in California?
Statutory rape laws center on the assumption that minors are not capable of giving informed consent to sexual relations. “Because minors are legally incapable of consenting to such acts, the law presumes that all sexual activity with a person below a certain age is coercive,” states the Legal Information Institute of Cornell Law School.
The age of consent in the U.S. varies from state to state. In California, the age of consent is 18, which means anyone under the age of 18 is considered a minor. So, if you are 19 years old and your girlfriend is 17, it is actually against the law for the two of you to engage in sexual intercourse. Whether the sex is consensual doesn’t even factor in, since a 17-year-old is not legally capable of giving consent in the first place.
Exceptions to California’s Statutory Rape Laws
California’s statutory rape law is fairly cut and dried, but there is one exception to the law, known as the marital exemption. This exemption allows a minor to have consensual sex with an adult if the two are legally married.
Penalties for Statutory Rape in California
As a sex crime, statutory rape carries harsh criminal penalties upon conviction. If you are convicted of a statutory rape crime in California, you could face severe consequences affecting your freedom and reputation, possibly including the following:
- Imprisonment for up to four years
- Fines of up to $25,000
- A criminal record
- Status as a convicted felon
- Possible sex offender registration requirement
Is Statutory Rape a Felony?
Accusations of statutory rape can result in misdemeanor or felony charges, depending on the specific facts of the case. Pursuant to Penal Code 261.5, if the minor is not more than three years older or three years younger than the accused, the crime may be charged as a misdemeanor offense. However, if the minor is more than three years younger than the accused, the crime may be charged as either a misdemeanor or a felony, punishable by up to one year in county jail. California’s statutory rape law also states that any person 21 years of age or older who engages in sexual intercourse with a minor who is under 16 can be charged with either a misdemeanor or felony crime, punishable by up to one year in county jail, or by imprisonment for two, three, or four years under section 1170(h), which is a provision for felony sentencing.
Free San Diego Statutory Rape Consultation
A statutory rape charge is not something that should ever be taken lightly. The consequences of a statutory rape conviction can be life-changing and you don’t want to face this threat alone. Our criminal defense attorneys at Sevens Legal have extensive experience defending clients against claims of statutory rape and other sex crime allegations. We also offer a free legal consultation, during which you can review your case with an experienced statutory rape defense attorney in San Diego.
How to Contact Our Sex Crimes Defense Attorneys
Like most states, California has harsh laws regarding sexual acts with minors and the penalties associated with such a crime can be severe. Needless to say, a statutory rape conviction is not something you want to risk having on your criminal record. If you or someone you love has been charged or is under investigation for statutory rape in San Diego, don’t panic. With the right legal representation, you may be able to avoid being prosecuted for this devastating crime. Call Sevens Legal today at (619) 430-2355 to discuss your legal options with our skilled and compassionate San Diego sex crimes defense attorneys.
