The state of California has very stringent laws when it comes to sex offenses. Any person that engages in sexual activity must give consent for the act to be legal. However, state laws are implicit that minors below the age of 18 are incapable of giving consent. For that reason, any person that is found guilty of engaging in sexual acts with a minor can face charges for statutory rape.
Cases involving statutory rape are some of the cases we deal with at The Los Angeles Criminal Defense Attorney. A person can easily face false accusations for statutory rape. Also, one can encounter such charges even if they had enough reason to believe that the person they were sexually involved with was of legal age. We offer quality defense services to ensure that our clients do not get wrongful convictions for such a severe offense. If, therefore, you or your loved one is facing statutory rape charges in Los Angeles, get in touch with us.
California Laws on Statutory Rape
California law against statutory rape is under Section 261.5 of the state’s Penal Code. Under this law, the definition of statutory rape is engaging in illegal sexual acts with a child. The offense occurs when a person participates in sexual acts with a minor below the legal age. The state of California has an age of giving consent set at 18 years, below which a person is believed to be incapable of legally giving consent to sex. The charges of rape will still hold even if the minor agreed to the sexual act, or they initiated it.
Unlike most states in the United States, the state of California doesn’t have such laws as Romeo & Juliet or exceptions such as close- age exception when it comes to statutory rape convictions. If a person has had sexual acts with a child below the age of giving consent, they will face the full penalties provided by the law for statutory rape. The problem is that today we are living in an age where youngsters are engaging in sexual acts even with the full knowledge of their parents or guardians. Even so, statutory rape laws in the state are very stringent.
Commission of crimes such as statutory rape happens most days, and sometimes they involve law-abiding citizens. Most of the people who face charges for statutory rape are respectable members of society. Since there are not witnesses in such cases as those involving rape, a person can be falsely accused of statutory rape in Los Angeles. If that is what you are going through, it is advisable to get in touch with an experienced criminal defense attorney. Your attorney will come up with a compelling defense against the charges you are facing to ensure that you are not meeting the full wrath of the law.
Elements of the Crime
An unadorned accusation is not enough to convict a person of criminal charges such as statutory rape. The court will require the prosecutor to prove a few facts of the case, which are the elements of the crime. If the prosecutor demonstrates all these facts beyond any reasonable doubt, the offender is probably going to be found guilty of the charges. In this case, there are three facts of this crime that will help convict an offender to statutory rape. They are:
- That the offender was involved in sexual contact with the other person. Note that the court will consider any extent of penetration as rape in this case, however slight it might be. The offender can still face charges for statutory rape in California even though there was no ejaculation
- That the offender was not in a marriage relationship with the victim at the period of the crime. In case the minor was married at the period of the offender, it cannot be used as an excuse to commit the offense. The only exception is if the minor was legally married to the offender at the period of the commission of the offense
- That the victim of the attack was below the legal age of giving consent at the instant, the crime was committed. as mentioned above, this age will be 18 years in California
Note that the prosecutor will not be required to demonstrate that the offender used force in the commission of the offense. This means that whether or not force was applied to complete the crime, he/she can be found guilty of the crime. There is also no condition for the prosecutor to ascertain that the victim didn’t give consent to sex. Even though the minor consented to the sexual act, the law does not regard that as legal consent. That is why the offender is likely to be found guilty of the crime.
This provides us with the difference between rape and statutory rape in California. Laws against Rape requires proof that the victim didn’t consent to sexual intercourse. Consent is, in fact, a very crucial fact of this offense, which is not the case when it comes to statutory rape. It means that statutory rape charges can arise from an otherwise loving and caring relationship. The only thing the court will be interested in is the age of the victim at the period the offense was committed.
Example: A situation where Mary, a 15-year old genius, starts taking college classes while still in high school. In one of her classes, she meets the 19-year old Jimmy, with whom they develop a sexual relationship. In no time, the two start engaging in sexual intercourse. Jimmy could face charges for statutory rape for engaging in sexual intercourse with Mary, who is below the legal age of giving consent.
The severity of the penalties the offender will get for statutory rape is mainly dependent on the victim’s age and the difference in age between the offender and the victim. That is why the first thing the prosecutor could be expected to demonstrate before the court is the age of the victim and the offender at the commission of the offense.
Age Determination
The state of California is very keen on the age when it comes to offenses such as statutory rape. For that reason, the law provides a clear guideline on the determination of age when convicting such cases. According to California laws, a person is believed to be a year older after midnight on their birthdate. In a case involving a 17-year old, for instance, the court would be interested to know the exact date and hour when the offense was committed. This way, it can be determined if, indeed, the minor was still below the legal age or had already attained the legal age of giving consent.
Again, it is essential to note that minors, too, can face charges for statutory rape. A child who engages in a sexual relationship with another minor can also face charges for California statutory rape. If the parents of one minor decide to file charges against the other minor for rape, the law will apply just the same as if the offender was of legal age. However, there are rare cases of teenagers facing charges for having sexual intercourse with other youngsters in the state. Even so, it will be misleading to say that such a situation cannot happen. When such a case comes up, its determination is most likely in a juvenile court.
Penalties for Statutory Rape in California
California laws are very stringent when it comes to sexual offenses involving minors. For that reason, sex offenses such as statutory rape can attract very hefty penalties, which may include a lengthy prison term and hefty fines. Statutory rape in the state is a wobbler, which means that the offense can be convicted as a felony or a misdemeanor. The decision on whether to sentence the offender with felony or misdemeanor rests on the judge. Three things could influence his/her choice as well as guide the judge on how to penalize the offender:
- If the offender were older than their victim by less than three years, the crime would be convicted as a misdemeanor
- If the offender were three years or older than the victim, the court would sentence the offense as a felony or misdemeanor
- If the defendant is 21 or more years old, but their victim was below the age of 16 when the crime was committed, the offender will be convicted as a felony or a misdemeanor. If the judge gives a felony conviction, the penalties the offender is likely to face in this case will be stiffer than those the offender will get in the second situation above
In the latter two situations above, the prosecutor will determine the offender’s criminal history and the circumstances of their case to decide if to charge them with a felony or a misdemeanor.
Example: If Miriam, a 19-year old is charged with statutory rape for having sexual intercourse with Tim, a boy aged 17 years in her school, she could face charges for a misdemeanor offense. It is because the age difference between them is only two years. However, if Miriam is older than Tim by three years or more, she could end up getting charged with a felony offense.
As mentioned earlier, the state of California doesn’t have Romeo & Juliet Law, which allows minors to legally have sex provided they are both of the same or close age. The state of California makes it illegal for anyone to have sex with a minor, irrespective of how old they are. The only chance an offender has to face lenient charges is if they have a smaller age gap of below three years between them and the minor. It is the only time they could face misdemeanor charges for statutory rape.
Punishments for California Misdemeanor Statutory Rape
If the defendant is facing charges for a misdemeanor offense for having sexual intercourse with a minor, here are some of the penalties they are likely to encounter:
- Informal or misdemeanor probation
- maximum jail sentence of one year
- A maximum fine of $1,000
You could get the jail sentence alone, or together with the penalties, depending on the facts of your case and the judge.
Penalties for California Felony Statutory Rape
A felony charge will definitely attract more severe penalties as compared to what you get for a misdemeanor charge. The punishment the defendant is likely to face if charged with a felony offense include:
- Felony or formal probation with a maximum of one year behind bars
- Sixteen months, 2 or 3 years of incarceration. However, if the offender was over 21 years of age and their victim was below the age of 16, the jail sentence will be for 2, 3 or 4 years
- A maximum fine of $10,000
Civil Consequences for California Statutory rape
On top of the criminal conviction and the penalties that follow it, a person that is facing charges for statutory rape is also likely to get civil penalties for their actions. Civil penalties are non-criminal penalties that are imposed in terms of fines, which the defendant is ordered by a civil court to pay to their victim. Civil penalties are given on top of criminal penalties, which means that the defendant will still have to pay the fines and serve time in jail, as stated above. However, only defendants who were adults of over 18 years when the offense was committed will face the civil penalties.
Again, civil penalties for statutory rape are based on the two parties’ age difference. The maximum punishments a California civil court is likely to give include:
- $2000 if the offender was older than the victim by less than two years
- $5000 if the offender was older than the victim by no less than two years
- $10,000 if the offender was older than the victim by three years
- $25,000 if the offender was over 21 years old and the minor was below 16 years
Requirements to List as a California Sex Offender
On top of criminal and civil penalties, most sex crimes in California are further punished with an order by the court for the defendant to list themselves as a state sex offender for a specified period. The exception in this rule comes in cases of statutory rape. Fortunately, people who have been convicted of statutory rape are not required to register as sex offenders in the state under the current law. However, the conviction of other offenses that are strictly related to statutory rape, such as rape and lewd acts with a child, will require the defendant to list themselves as a state sex offender.
Possible Legal Defenses for California Statutory Rape Charges
California statutory rape is among the severely punished criminal offenses in the state. State laws are very protective of minors because of their inability to defend themselves. For that reason, a person is likely to spend more time behind bars and pay more money in fines and restitution for having sexual intercourse with a minor. If you are facing such charges, you need the help of an experienced criminal defense attorney. An excellent attorney will come up with a strong defense for your charges to compel the court to either drop or reduce your charges. There are several defense strategies he/she can use to counter the prosecutor's evidence to do this. Some of these are:
That You Honestly Believed that the Victim was an Adult
If a person engaged in sexual acts with another person thinking that they were of legal age, the person cannot be convicted of statutory rape in California. If, for instance, the defendant met the victim in an adult entertainment joint, he/she had no reason to doubt that the person they were getting involved with was a minor. Your attorney could also use other reasons to defend you, such as:
- The minor made statements to show that they were of a legal age
- That their attire or general appearance suggested that they were adults
- That you believed the victim was an adult based on where you met him/her
Your defense strategy should be able to convince the court that you reasonably and honestly thought that you had sexual interaction with an adult at that time. If the court allows this defense, you will be acquitted of all charges.
False Accusations
Most sex crimes in California are usually ripe for wrong charges, including statutory rape. There are people who, because of reasons such as jealousy, anger, or desire for revenge, can accuse others of serious offenses such as rape. In cases of statutory rape, parents who are not happy with their minor's choice of boyfriend or girlfriend can accuse the person their child is dating just to separate the two. An experienced criminal defense attorney will be able to conduct a detailed investigation into the matter to dig out the truth. With the facts at hand, he/she will be able to verify your part of the story before the court.
A person who is facing false accusations for rape should have all their charges dropped once the facts are proven before the court.
You were Married to the Victim when the Offense was Committed
Again, a person cannot be convicted with statutory rape if they were indeed married to the alleged victim at the period the crime was committed. The court will, however, need proof of your marriage to drop your charges. Note that the law allows minors in California to get married, provided they obtain a court order, and have their parents' consent. If that is the case, then the defendant will not have a case to answer in a criminal court.
Consent is Not a Defense
Unlike other sex crimes in the state, consent cannot be used as a defense in a case of statutory rape. Section 261 of California Statutes makes it a crime for a person to have sex with another person if they do not agree to the act. Rape is, however, charged differently with statutory rape. The law believes that a minor is incapable of consenting to sex. That is why the use of consent as a defense is not allowed in this case. For that reason, the fact that the victim willingly participated in the act cannot be a defense in a matter of statutory rape.
Related Crimes to California Statutory Rape
California laws have several offenses that are closely related to statutory rape, which can be convicted together with or in place of Section 261.5 of the state’s Penal Code. Some of them are:
Lewd/Lascivious Acts with a Minor as Provided under Section 288 of California Laws
This offense is committed when one person touches any body part of a child of below 14 years for sexual gratification. The crime is convicted as a felony, with a maximum sentence of up to 8 years in state prison. Along with the prison term, the offender is ordered by the court to list as a California sex offender, according to Section 290 of California Laws.
Rape as Provided under Section 261 of California Laws
The crime of rape happens when a person engages in sexual acts with another without the other person's consent. Rape in California can also be achieved by the use of force, fraud, or threats. California rape is convicted as a felony, and it attracts a prison sentence of up to 8 years. The offense is a strike too, under the state's three-strikes laws. Depending on the facts of the case, the court can order the defendant to enlist themselves as a state sex offender for the rest of their life.
Find a Los Angeles Criminal Defense Attorney Near Me
If you are facing charges for statutory rape today, it is advisable to find yourself an experienced criminal defense lawyer. It is the only chance you have to have your charges dropped or reduced. At The Los Angeles Criminal Defense Attorney, we have a team of excellent defense attorneys ready to help you fight the charges you are facing. Call us at 310-564-2605 if you are in Los Angeles, CA, and let us take charge of your defense.
