For young people in romantic relationships, age of consent rules can be complicated and perplexing. It’s not necessarily inappropriate if you’re a freshman in college dating a high school senior, but it could be illegal if you have intercourse with someone under the age of 18. Keep reading to learn what the laws are and how a sex crimes attorney can help you if you have been charged with statutory rape.
Why these laws exist in the first place
These laws are in place for a reason: we want to protect children. Because they are encouraged to feel unique, teenagers frequently make poor decisions and may even be duped into sexual relationships with much older adults. With the advent of smart phones, the internet, and dating apps, this has become even more frequent.
However, not every case of statutory rape includes an older adult preying on a minor. Many situations exist in which two teenagers are involved in a consensual romantic relationship that results in a criminal charge. That is why it is critical for everyone to grasp California’s age of consent rules.
The specifics of statutory rape laws
Engaging in sexual activity with a minor under the age of 18 is illegal in California. Only if the underage individual is married to you is there an exemption to this rule. There is no minimum age for marriage in California, but anyone under the age of 18 must have parental approval and a court order to marry legally.
Penalties for unlawful sexual intercourse with a minor
The penalty for statutory rape (also known as unlawful sexual intercourse with a minor) is determined by a variety of variables, including the parties’ age difference. It is a misdemeanor offense if the youngster is less than three years your junior.
It can be charged as a felony or a misdemeanor if the person is more than 3 years younger than you. If you are over the age of 21 and the youngster is under the age of 16, you will be prosecuted with a felony and sentenced to state jail in California. In addition, depending on the age difference, you may face civil penalties of $2,000 if less than 2 years younger than the adult, $5,000 if the child is at least two years younger than the adult, and $10,000 if the child is at least three years younger than the adult. If the adult is over the age of 21, and the victim is under the age of 16 it could cost you $25,000.
Defense options to charges of statutory rape
Under California law, there are several defenses to statutory rape charges. Consent is never a defense to this accusation. However, based on the facts of the case, your counsel may be able to claim that you honestly believed the person was 18 or older. It would be logical to presume that if you met the claimed victim at a pub, she or he was 21 or older.
A statutory rape conviction in California does not require registration as a sex offender under current law. However, some connected actions, such as indecent or lascivious activities with a kid, do necessitate registration as a sex offender.
The Chambers Law Firm is here for you if you have been charged with statutory rape or any other sex crime. To schedule a free initial consultation or learn more about how we may help you, please contact us at 714-760-4088.
