Society has changed a lot over the years, but the law doesn’t necessarily reflect that. In California, the crime of statutory rape (also known as unlawful sex with a minor) prohibits any sex with a minor under the age of 18. So technically, a 17-year-old who is dating another 17-year-old could be charged with statutory rape. If you or a loved one has been unfairly accused of statutory rape, contact the Chambers Law Firm today to learn how to fight the charges with top criminal defense attorney Dan E. Chambers.
What does statutory rape mean?
You can be convicted of statutory rape if:
- You had sexual intercourse (or any kind of penetration) with the alleged victim.
- You were not married to the alleged victim at the time.
- The alleged victim was under 18.
Unlike other rape charges, you can still be found guilty even if the minor gave consent. That’s because under California law, a minor under the age of 18 is considered too young to give consent to have sex, even if they were actually the one to initiate it.
Similar crimes
Under California law, the crime of unlawful oral copulation is similar to unlawful sexual intercourse, so you could also be punished for any act of oral sex with a minor under 18.
When the minor is younger and the age difference is greater, the crimes are considered more serious. If a minor is 14 or 15 and the defendant is at least ten years older than the victim, the crime is called sexual penetration. If a defendant (of any age) has sexual contact with a minor who is 13 or younger, the defendant can be charged with lewd and lascivious acts upon a child.
Felony or misdemeanor?
Statutory rape can be either a felony or a misdemeanor in California, depending on the particular circumstances. The age difference between the defendant and the alleged victim will be an important factor.
What kind of jail time could I be facing?
If you are charged with a misdemeanor, you might be looking at informal probation, one year in county jail, and up to $1,000 in criminal fines. If you are charged with a felony, you might get probation, up to three years in jail, and up to $10,000 in criminal fines. If you are over 21 and the alleged victim was under 16, you could get four years in jail. But in addition to criminal fines, you could also be forced to pay civil penalties ranging from $2,000 (if the minor was less than two years younger than the defendant) up to $25,000 if the minor was under 16 and the defendant was over 21.
How do I defend myself?
With statutory rape, unlike other rape charges, consent is not a defense because under California law, a minor under 18 is too young to give consent. However, if you honestly and reasonably believed that the alleged victim was over 18, then that can be a valid defense. Another valid defense is that sexual intercourse did not actually happen. However, that can be difficult to prove in a he said/she said situation.
If you’ve been accused of statutory rape in Southern California, don’t take chances with your defense! Dan E. Chambers has over 20 years of California criminal law experience to help you fight these charges. Don’t hesitate to call 714-760-4088 or email dchambers@clfca.com to make an appointment today.
