Statutory rape does not necessarily mean coercion and violence. It refers to the offense of an individual aged 18 years and above engaging in sexual relations with a minor. In statutory rape cases, the age of the two parties is the basis of the sentencing. This offense attracts severe punishments, including serving a four-year prison term as well as high amounts of fines. It can also tarnish your reputation, considering the social stigma that can follow you for your entire life. In case you have been arrested or charged with statutory rape, get in touch with our sex crimes attorney at the Orange County Criminal Lawyer. We will represent you in court to have lesser penalties or reduced charges. We can also negotiate with the prosecution before the case goes to court.

California's Penal Code 261.5 Statutory Rape Law

Statutory rape offense under California law is based on Penal Code 261.5, which affirms that the crime occurs when an adult engages in sexual intercourse with a minor. While the act might have been consensual, consent will not be significant in the sentencing. An example of common statutory rape crime is sex between a 15-year old and 18-year old who have been dating for two years.

The prosecution must satisfy various elements beyond a reasonable doubt, which are as follows:

  1. The defendant had sexual intercourse with the plaintiff
  2. At the moment of sexual intercourse, the defendant and the plaintiff were not married
  3. When the act occurred the victim was a minor (18 years or below)

It is vital to understand these components because the prosecution must prove each statutory. Under California's penal code section 261, a statutory rape charge is baseless without sexual intercourse. The penal code also stipulates that sexual intercourse is the penetration of any orifice regardless of the degree. Furthermore, the law also notes that even though the sex was consensual, it will translate into rape if the victim changes their mind in the middle of the act.

Punishment for Statutory Rape

In California, statutory rape is classified as a 'wobbler,' meaning it can be perceived as a misdemeanor or a felony by the prosecution. The penalties associated with statutory rape differ because of the varying circumstances of each case. The age of the minor and the age difference between the minor and the defendant are the vital considerations of a statutory rape sentencing. Three primary stipulations hold, which are as follows:

  • If the victim is not less than three years old than the defendant, the offense is charged as a misdemeanor
  • If the victim is more than three years younger than the defendant, the charge is a 'wobbler'
  • When the defendant is 21 years or older, and the victim is 16 years or below, the crime is charged as a 'wobbler,' although there are harsh penalties for a felony conviction

Under California law, a misdemeanor statutory rape offense is penalized by informal probation, a term of up to 12 months in county jail, and a fine of up to $1000. Felony statutory rape cases are punishable by 12 or 16 months in state prison. However, it attracts between two and four years if the alleged victim was 16 and the defendant was 21 years and above. The penalties also include fines of up to $10000. Note that you could face additional charges, such as civil penalties. Some of these include:

  • A $2000 fine if the defendant was less than two years older than the victim
  • A $5000 fine if the defendant was at least two years older than the victim.
  • A $10000 if the defendant is at least three years older than the victim.
  • A $25,000 fine if the defendant was older than 21 years, and the victim was under 16.

Is there Immunity to Statutory Rape in California?

In many states, there are exceptions to the statutory rape laws that deal with young individuals with a close age gap and between young people who are both below the age of consent.

'Romeo and Juliet' Laws

These laws offer exceptions to statutory rape. The small age difference between the defendant and the accused can be applied as a complete defense to the charges. However, individual states apply these principles only as mitigating factors that minimize the degree of offense from a felony to a misdemeanor, hence reducing the possible penalties.

However, the state of California does not have Romeo and Juliet law. This means that even a minor can be held liable for statutory rape if they engage in unlawful sex with other minors. In this case, the minor would be charged under the California Juvenile Court System.

Possible Statutory Rape Defenses

With California's stringent statutory rape laws and sexually active teenagers, many people are unfairly prosecuted, fined, or jailed on sex crime charges. Fortunately, a skilled and experienced attorney can use various legal defenses to depict a new perspective of your actions that disputes the Prosecutor's evidence. Such defense strategies include:

  • The Alleged Victim was not a Minor

Considering that statutory rape is the unlawful engagement in sexual intercourse with a minor, proving that the victim was at least 18 years old at the time of the act can acquit you.

  • Absence of Sexual Intercourse

According to California law, sexual intercourse is any penetration, no matter how slight. If you and the alleged victim did not have such an engagement, you could not be charged with statutory rape.

  • Reasonable Over-estimation of Age

If you were under the perception that the victim was at least 18 years because of her outlook or at the location where you met him or her, then you should not be convicted of statutory rape. For instance, a person you met with at an adult-only place such as a bar is presumed to be an adult.

  • False Accusation

A criminal defense attorney can prove that the alleged victim falsely accused you and that no sexual intercourse occurred. Most false accusations would occur when the alleged victims are seeking revenge, want to extort you or ruin your reputation, etc.

  • Marriage

If you were married to a person under the age of 18 years, you are permitted by law to have sex with him or her. Therefore, statutory rape laws do not apply to this case, and you cannot be found guilty of the offense. Note that you must be legally married as per the family laws of CA.

Note that unlike the offense of rape under penal code section 261, consent is not a defense under statutory rape laws. Whether or not the minor was willing or not to participate in the act is not significant in the sentencing. This is because the law considers that minors are not old enough to fully comprehend the consequences of their actions. Therefore, they cannot give legal consent.

Under California law, sex crimes are treated seriously. Having a competent criminal defense attorney can help you avoid the harsh consequences associated with a conviction. Generally, employers refrain from recruiting individuals that have criminal records. Your statutory rape conviction can also attract a strike as stipulated in California's three laws statute. Note that an additional strike will escalate the punishment tremendously. Statutory rape convictions also result in the defendant's name being put on the sex offender registry, which is a label that you will bear for your entire life.

Having an attorney is crucial because he or she can protect you against these severe consequences. Even when falsely accused, statutory rape accusations can tarnish a person's reputation. The role of the attorney is to establish the most viable defense strategies for your case and assist you to evade the dire impacts associated with a statutory rape conviction. One of the common defense strategies that the attorney will implement is that it was reasonable for you to believe that the victim was over the age of 18 years old at the time of sexual intercourse. The attorney investigates each aspect of the case and chooses a strategy with the highest likelihood of success.

Statute of Limitations and Statutory Rape

As for most crimes in California, a prosecutor needs to file the charges within a set time limit. Failure to this, you cannot face charges for the offense unless various exceptions characterize your case. The statute of limitations prohibits an individual from charging you for crimes committed a long-time ago because it makes it challenging to defend yourself. Some of the reasons include:

  • It might be impossible to locate or present critical witnesses
  • Physical proof can be distorted or lost over the period.
  • It might be challenging to locate where you were when the incident occurred, and it might be challenging to the alibi defense.

The implementation of the statute of limitations is dependent on the seriousness of the alleged crime such as the age difference between you and the alleged victim. Under penal code 261.5 (b), if the age difference between you and the alleged victim is less than three years, the offense is a misdemeanor with a statute of limitations of one year. Penal code 261.5 (c) stipulates that if the age difference is more than three years, it is a wobbler. In this case, a statutory rape misdemeanor has a statute of limitations of one year, while a felony offense has a statute of limitations of three years.

Note that after three years, it does not necessarily mean that you cannot face a criminal charge. Under California's law penal code 803, the DNA Exception rule permits prosecutors to charge you with a crime in some instances in which the DNA can prove without reasonable doubt that you were the perpetrator. Various components need to be true for the Prosecutor to charge you with rape:

  • The crime must have occurred after January 1, 2001
  • The DNA was collected and assessed within two years after the crime.

Once the DNA depicts that you were the suspect, prosecutors have up to one year to file the charges.

Sex Offender Registry

California's Penal Code Section 290 stipulates crimes that require a person to be permanently labeled as a sex offender. While statutory rape is a sex crime, it is not listed. However, note that under penal code 290.006, the court can give a directive that you be registered as a sex offender as part of the sentencing. This occurs when the judge or the jury finds that you executed the offense because of sexual compulsion or for sexual leisure.

What to do when you Face Statutory Charges

During the time stipulated in your statute of limitations, the alleged victim, parents, or guardians might file statutory rape charges against you. You should act immediately, to protect your reputation, reduce the punishment, or prove your innocence, and prevent a conviction. Charges can also be filed based on reports of designated people, including:

  • Workers whose duties involve interaction with children
  • Public assistance employees
  • Child support personnel
  • Child therapists
  • Health practitioners dealing with children's sexually transmitted illnesses
  • Public health officials

Regardless of the party that files the charges, you can get a good outcome if you are prepared to face them by undertaking the following steps:

  1. Hire a skilled Criminal Defense Attorney

Hiring an experienced statutory rape attorney will assist in defending yourself against the alleged charges. Criminal defense attorneys have to assess the case to identify whether the victim is making false accusations, their objective in filing the charges and if the evidence was legally or illegally accessed. A good attorney will identify these elements during the first stages of the case and help in identifying the best defense strategies.

  1. Avoid Giving Information to the Police and Media

When faced with statutory rape charges and you are arrested, you should choose to remain silent or only answer questions in the presence of a criminal defense attorney. Such a move is essential because it prevents you from making any statements that might be self-incriminating. Police might also attempt to twist or misinterpret your statements to make you guilty. Similarly, the press can also take your accounts out of context and insinuate that you harmed the victim. Reports from the media might influence the judges or jury's opinions and rule in favor of the plaintiff.

  1. Avoid Contacting the Victim

In case you and the alleged victim live in the same residence, it is prudent to plan alternative living arrangements as fast as possible. The move assists in preventing issues such as false accusations that you attempted to violate their rights. If the court orders a no-contact directive, then it is best to relocate residence immediately.

  1. Cooperate with your Attorney

You should collaborate with your lawyer to gather evidence that supports your case. Some necessary forms of evidence include receipts, videos, and pictures, and can help in proving to the judges you were not at the crime scene. Other types of proof include alibi and witness testimonies, and a character witness who will talk of your ethical conduct. Collaborating with the attorney also helps in assessing police reports to identify any inconsistencies in the statements of the alleged victim.

If the case is a false accusation, your attorney is in a better position to identify the intentions of the alleged victim in framing you for statutory rape. Such cases are witnessed in failed relationships even if there was no sexual intercourse. Your criminal defense lawyer comprehends that false accusations might be a key feature in your case and will assist in proving your innocence. In case you had sexual intercourse with the victim, your criminal defense attorney will help you in collecting evidence that demonstrates that you reasonably believed that the victim was over 18 years old. Note that the alleged victim can file a civil lawsuit even after submitting the criminal charges. Civil lawsuits are commonly determined in private rather than in court. The Role of this lawsuit is to seek monetary compensation for psychological and physical anguish, emotional pain, medical charges, as well as counseling. In such cases, your attorney represents you and assists in reducing the amounts of penalties you pay for the damages.

Statutory Rape and a Pregnant Victim

Pregnancy is a common outcome of a statutory rape case. In case the victim becomes pregnant, she may successfully file for child support, and you may be directed to make child support payments to support the child. When statutory rape charges require you to pay for medical bills and child support, your criminal lawyer can assist you in fighting against the child support charges, especially where you did not have sex with the victim. One of the best defense strategies against this is to use a paternity test to prove that the child is not yours.

Can Statutory Rape Cases be Settled Out Of Court?

A criminal defense attorney can assist you in resolving the matters out of the court corridors. However, the assistance that you get is dependent on the stage of the before the attorney assesses it and the type of allegations against you. Handling matters out of court can only happen before the charges are filed. The best outcome of such a case can be achieved with the assistance of an attorney. If you hire an experienced attorney as soon as possible, he or she might help you in avoiding the charges at all.

Costs of Hiring a Criminal Defense Attorney

When you contact a criminal defense attorney for the first consultation, they will discuss the approximated costs of the case with you. Note that all statutory rape cases are different, and therefore, each matter is considered on a case-by-case assessment. However, it is always best to compare different attorneys and ensure you choose the one who offers reasonable costs while attending your case to the full.

Evidence used by the Prosecutor

When facing statutory rape charges in California, the prosecutor will need to prove beyond a reasonable doubt:

  • That you engaged in sexual intercourse with the alleged victim
  • That you and the alleged victim were not married at the time of the incident
  • The alleged victim was a minor (below 18 years)

The nature of the charges against you might require the Prosecutor to provide additional proof regarding the specific ages of the alleged victim and defendant as well as the age differences.

Some cases, in which the victim and the defendant are both minors, are dealt with by the juvenile court system. This involves less severe punishments, and more focus is placed on rehabilitation. Most prosecutors do not prioritize prosecuting these types of cases, and an attorney will assist you in negotiating with the DA to have the matter dismissed. The attorney can also help you in making the case be handled in a way that conviction will not be recorded.

Differences Between Statutory Rape and Child Molestation

While child molestation and statutory rape involve sexual activity with minors, they have significant differences. Statutory rape cases cover incidents where the victim and the defendant consented to engage in sexual intercourse, but one of them was a minor. Conversely, child molestation involves cases where the minor was overly young, did not consent to have sex, the defendant acted in a pervasive sexual attraction to children, and the offender was sexually abusing the child.

In particular cases, an individual might face both statutory rape and child molestation charges. Such a situation can expose you to severe penalties because, despite the statutory rape issue, child molestation is a felony and attracts up to three years in state prison. Child molestation conviction means a person is registered as a sex offender for the rest of his/her life. Note that even if the minor agrees to engage in sexual contact with you, the child molestation and statutory charges still hold.

Find an Orange County Criminal Lawyer Near Me

When you or your loved one is charged with statutory rape, the initial step is to contact an experienced attorney. At the Orange County Criminal Lawyer, we will defend you against the statutory rape charges for the best possible outcome. We will offer you relevant legal advice and help you build a strong defense that could reduce the possible charges or have the charges dropped. Contact us at 714-262-4833 today.