Category: Law

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.

Domestic violence is an issue that affects many communities across the United States. Unfortunately, those who are trying to become naturalized as U.S. citizens may face some challenges if they are arrested and convicted of domestic violence (or certain other types of crimes). If you were arrested or charged with domestic violence, it’s important to understand how this could affect your application for citizenship. Depending on the circumstances of your arrest and conviction, a domestic violence charge may make it harder for you to become a U.S citizen, or even block your application from going forward. Here’s what you need to know about a domestic violence conviction and its potential impact on your citizenship application.

What is domestic violence?

Domestic violence is a pattern of abuse in an intimate relationship such as a marriage, dating relationship, or other type of relationship where there is an expectation of a continuing emotional or financial commitment. The abuse can be physical, sexual, emotional, or psychological, including threats and coercion. Domestic violence may be one episode, or it may become a pattern of controlling and harmful behavior. Domestic violence does not just refer to physical violence. Other types of abuse can also be part of a pattern of domestic violence, including threats, coercion, and intimidation.

How could a DV charge affect your citizenship application?

If you were arrested or convicted of domestic violence, this could be grounds for denying your application for citizenship. If you are charged with domestic violence, you may also face difficulties during your naturalization process. The immigration laws have very strict rules about who can become a U.S. citizen. If you charged with or convicted of a crime, you will have to prove that you have been a person of good moral character during the relevant time frame of your application. Since a domestic violence conviction will be considered a crime involving moral turpitude, it could make it harder for you to prove good moral character and obtain citizenship.

What if I was only charged with domestic violence?

Even if you are charged with domestic violence but never convicted of the crime, you will still have to disclose this information on your citizenship application. If USCIS finds out about the charge through your application, you may face difficulty completing your application for citizenship. If you were charged but not convicted of domestic violence, you could explain the circumstances in your application for citizenship. Depending on the circumstances, it is possible that the charge could be dismissed. If the charge was dismissed but you were still tried, you should explain the circumstances in your application.

What Does USCIS Mean By Good Moral Character?

If you have been convicted of a crime or charged with a crime, you will need to show that you have been a person of good moral character for the last five years. The idea of good moral character is intended to protect the interests of the U.S. by ensuring that only those who are trustworthy and law-abiding are allowed to become U.S. citizens. You will have to show that you meet the standards of good moral character by explaining any criminal convictions or arrests on your application for citizenship. You will also have to provide any additional information that the immigration officer requests in order to assess your moral character.

How Can I Prove Good Moral Character?

You can prove that you have been a person of good moral character by providing evidence of your good deeds and positive contributions to society. You can do this by submitting evidence of your stable employment history, volunteer activities, educational achievements, community service, honorable military service, and/or family ties to show that you are a good person. If you have a criminal conviction, it will be more difficult to prove good moral character. However, it is still possible to become a U.S. citizen with a criminal record, as long as you can prove good moral character. If you have a domestic violence conviction, the process of proving good moral character will be more difficult. You will need to provide more evidence of your good deeds and positive contributions to society than you would if you had no criminal record.

What If I Still Want to Apply for Citizenship After a DV Charge or Conviction?

If you still want to apply for citizenship after a domestic violence charge or conviction, it is important to understand that your application may take longer to process. The immigration officer conducting your interview will likely have more questions for you in order to determine if you are still a person of good moral character.

Conclusion

If you have been arrested or convicted of domestic violence, you need to understand the possible impact on your citizenship application. Depending on the circumstances of your arrest and conviction, a domestic violence charge or conviction could make it harder for you to become a U.S citizen, or even block your application from going forward. To become a U.S citizen, you will have to prove that you have been a person of good moral character during the relevant time frame of your application. To prove good moral character, you will need to provide evidence of your good deeds and positive contributions to society.

Domestic violence (DV) charges can wreak havoc on an individual’s personal life and reputation within their community. When a job requires security clearance, DV charges can potentially necessitate the end of employment.

Getting a jump on the situation and promptly disclosing the incident to an employer is often viewed favorably. At this point, the employer may wish to proceed with an additional investigation into the clearance to ensure there is no active threat to security.

A domestic violence defense attorney can navigate the maze of handling DV charges in court. Experienced lawyers may succeed in getting the charges reduced or dropped while helping their clients clear their names and retain their clearance.

What Is Defined As Domestic Violence in California

California Penal Code § 273.5 defines domestic violence as intentional harm to a spouse, co-habitant, or fellow parent that results in a visual injury. This can be tried as either a misdemeanor or a felony.

California Penal Code § 243(e)(1), called “domestic battery,” includes any unwanted or unlawful touching of an intimate partner that doesn’t result in a visible injury. It’s a lesser charge that’s tried as a misdemeanor.

Also called “intimate partner violence,” domestic violence takes many forms. Children, parents, siblings, and other intimidating living situations also qualify as domestic violence.

Is Verbal Abuse Classified as Domestic Violence?

Verbal abuse is part of emotional abuse and is just as abusive as physical violence. Threatening, belittling, berating, shaming, and intimidating a victim falls under California statute 527.6.

Making a comment that another person would believe is genuine or threatening someone with violence or physical harm in person, in writing, or electronically can also fall under California’s Penal Code § 422: Criminal Threats. Proving verbal abuse may be difficult without recorded evidence.

When Does Domestic Violence Become a Felony?

Domestic violence is charged as a misdemeanor unless:

• The victim was a child or a senior citizen
• The victim suffered physical harm or a “corporal injury,” one caused by force
• One or more instances of prior domestic abuse exist
• There is a documented history of abuse
• The abuser violated a restraining order to commit the abuse
• The abuser used a weapon
• A child witnessed the incident

Most domestic violence cases can be either misdemeanors or felonies, depending on the case.

Can You Lose Your Security Clearance for Domestic Violence?

It’s possible, especially if you try to conceal the arrest. Be proactive immediately and begin disclosures yourself rather than letting your employer find out elsewhere. Get ahead of the situation and begin discussions with your employer. Include any mitigating circumstances involved. A re-investigation into your security clearance may occur.

If you are required to take classes or counseling, such as anger management, complete them and any other court-ordered requirements. Do whatever it takes to show that you are committed to improvement. Working with a domestic violence defense attorney can help to make sure you’ve completed your requirements.

Factors That Affect Security Clearance

Any government position requires a background check. This determines your eligibility for access to classified national security information and your potential as a security threat.

What Shows Up on a Security Clearance Background Check?

• Education
• Current and previous residences
• Family members and their residences
• Previous employment, including military service
• Police record
• Financial records, including bankruptcy, garnishments, and other negative activity

Can You Get Security Clearance with Domestic Violence Conviction?

Suppose you’ve had no additional arrests or convictions and complied with the court’s orders. In that case, it’s possible to have the conviction reduced or expunged with the help of a criminal defense attorney.  

Security Clearance Disqualifiers

• Criminal cases
• Residency issues
• Employment record gaps
• Financial instability, i.e., unpaid debts, consistent delinquent payments, bankruptcies, and poor financial choices
• Gambling debts
• Unexplained wealth, i.e., assets or cash
• Illegal or improper involvement with drugs
• Security violations, i.e., unauthorized disclosure of classified information
• Incapacitation

When Domestic Violence Charges Are Dropped

The court may drop all charges if there is insufficient evidence, including injuries, self-defense, contradictory statements, or no witnesses. But that’s not the end–you will still need to apply for expungement.

Can A Domestic Violence Victim Get the Charges Dropped?

No, but the district attorney can. Once the police are involved, the state presses charges. The alleged victim can file an affidavit of non-prosecution, but the DA decides whether to drop charges.

Can Police Press Charges If the Victim Doesn’t Want To?

Police in California will press charges if the victim refuses. Many prosecutors refuse to drop domestic violence charges altogether and will continue prosecution even if they eventually drop charges. 

Experienced San Diego Domestic Violence Attorney Can Help

Sevens Legal can help defend you against domestic violence charges. We’ll investigate your case and work to fight the charges. Working with an experienced criminal defense attorney will improve your chances of reduced or dropped charges.

Security Clearance Revoked Due to Domestic Violence Charges

Revocation is a concern after domestic violence allegations. Much will depend on the preliminary hearing, where a judge will examine if someone committed a crime and if there is enough evidence.

After you’ve self-disclosed the allegations, the next step is to work with a criminal defense attorney who can work to get the charges reduced or dropped. Sevens Legal can help. With the right criminal defense attorney on your side, you may be able to see the charges dropped before they become part of your record.

Contrary to popular belief, even if the charges are dropped, they may still show on your background check. Our skilled domestic violence attorneys can help you get them expunged from your record for good.

Security Clearance with Domestic Violence Background

The process is different and longer if you already have a DV charge or conviction. A “settled” case involves three years of probation, fines, restitution, and a full year of anger management. Felonies may include jail time.

The good news is that many of these cases can be expunged. Misdemeanors can be expunged after specific legal timelines. Felonies can be reduced to misdemeanors and then expunged if no state prison time was involved. Sevens Legal will work to help clear your record after a conviction to get or preserve a security clearance.

Free Domestic Violence Consultation in San Diego

Domestic violence charges can leave you with a criminal record that impacts your employment. We offer a free one-hour consultation in the San Diego area to discuss your case and strategies for defense. We’ll work to defend you against domestic violence charges to protect your freedom, your rights, and your reputation.

How to Contact Our Domestic Violence Attorneys 

Call or text our office at (619) 430-2355 or use our online contact form to schedule your appointment. We’ve helped thousands of people in your situation and are ready to help you.