Although society has evolved significantly over time, the law has not always kept pace. In California, statutory rape (also known as illegal sex with a child) is a felony that punishes anybody who engages in sexual activity with a juvenile under the age of 18.
As a result, a 17-year-old who is dating another 17-year-old might face statutory rape charges. If you or a loved one has been wrongfully accused of statutory rape, contact the Chambers Law Firm now to speak with top criminal defense attorney Dan E. Chambers about how to fight the allegations.
What is the definition of statutory rape?
You can be charged with statutory rape if you:
- You engaged in sexual activity (or other forms of penetration) with the alleged victim
- At the time, you were not married to the alleged victim
- The alleged victim was under the age of eighteen
You can still be judged guilty of rape even if the person gives permission, unlike other rape accusations. That’s because, under California law, a person under the age of 18 is deemed too young to consent to sexual activity, even if they initiated it.
Crimes that are similar
Under California law, illicit oral copulation is treated similarly to unlawful sexual intercourse, therefore any act of oral sex with a juvenile under the age of 18 might result in a penalty.
The offenses are deemed more serious when the alleged victim is younger and the age gap is bigger. Sexual penetration occurs when a juvenile is 14 or 15 years old and the defendant is at least ten years older than the victim. A defendant (of any age) can be charged with lewd and lascivious actions upon a child if he or she had sexual contact with a youngster aged 13 or less.
Is it a felony or a misdemeanor?
In California, statutory rape can be either a felony or a misdemeanor, depending on the circumstances. The age gap between the perpetrator and the alleged victim will be a significant consideration.
What type of prison sentence may I be looking at?
If you are charged with a misdemeanor, you may face informal probation, one year in county prison, and penalties of up to $1,000. If you are charged with a crime, you might face probation, up to three years in prison, and penalties of up to $10,000.
If you are over the age of 21 and the accused victim is under the age of 16, you might face up to four years in prison. You might also face civil penalties ranging from $2,000 (if the juvenile was less than two years younger than the defendant) to $25,000 (if the kid was under 16 and the defendant was over 21) in addition to criminal fines.
I’m not sure how I’m going to defend myself
Consent is not a defense in statutory rape, unlike other rape accusations, because a juvenile under the age of 18 is too young to offer consent under California law. If you honestly and reasonably believed the claimed victim was over the age of 18, however, you may have a viable defense. Another viable defense is that no sexual intercourse took place. In a he said/she said situation, however, this might be difficult to prove.
Don’t take risks with your defense if you’ve been charged with statutory rape in Southern California! Dan E. Chambers has over 20 years of criminal legal expertise in California and can assist you in fighting these allegations. To schedule an appointment, please contact 714-760-4088 or email dchambers@clfca.com.
