San Diego Criminal Attorney is a reputable law firm that serves clients within San Diego and surrounding areas. The firm has experienced criminal defense attorneys well versed in California Law and helps clients facing statutory rape charges. Laws on sexual contact with minors vary between states. In California, it is a crime to sexually penetrate a minor even if the minor consents to the act. Therefore, it is critical to contact an attorney who handles statutory rape cases in San Diego if you have been accused of statutory rape – before responding to police questioning.
California Legal Definition of Statutory Rape
California State Penal Code 261.5. (a) PC defines statutory rape (unlawful sexual intercourse) as sexual intercourse with someone under 18 years (a minor), provided the two parties are not married. This law is applicable even when the act is consensual or triggered by the alleged minor. Considering the number of sexually active minors, there are countless statutory rape claims occurring daily leading to prosecutions of otherwise law-abiding citizens.
Under Penal Code 261, the use of force, threats, or fraud to engage in a non-consensual intercourse is a rape crime. Thus, one can be prosecuted for statutory rape if they penetrate a minor under the aforementioned circumstances. Unlike other jurisdictions where the crime applies to only men, California does not exempt women. For instance, an adult female can be charged if she used force to have sex with an underage male. Also, a female could be convicted under the statute for helping a man in raping a minor.
Statutory rape charges are rare if both parties involved in sexual activity are underage.
However, the prosecution can press charges and the parties tried in the Juvenile Court System. Legally though, an underage person can date someone and have sexual penetration only upon turning 18. These are common scenarios leading to statutory rape charges in California:
- A sexual relationship between a seventeen-year-old high school student and his/her Teacher;
- Sexual intercourse between an eighteen-year-old student and a sixteen-years-old junior;
- First-time sex between underage pair of lovers.
Similar to other crimes, a statutory rape accusation can result from fake identity, jealousy, or revenge. If uncontested, the offense can lead to either a felony or a misdemeanor penalty depending on the age of the victim. However, the prosecutor carries the burden of proof above reasonable doubts for conviction of the defendant under Penal Code 261.5 PC.
What Evidence Must the Prosecutor Produce for a Statutory Rape Conviction?
The prosecutor must provide evidence on a minimum of three crime elements for conviction under CA Penal Code 261.5 PC. These elements include:
- There existed sexual intercourse between the supposed perpetrator and the victim. Sexual intercourse occurs immediately when the penis penetrates the vagina, regardless of how slight the penetration is or whether no ejaculation occurred;
- That the victim was not a spouse to the alleged perpetrator at the time of intercourse. Evidence that the victim is currently married or is a former spouse to someone else does not add to the prosecutor’s proof;
- The supposed victim was underage during the intercourse.
Unlike ordinary rape where non-consensual sex is a vital element during prosecution, California Law requires not the prosecutor to prove the intercourse occurred with the minor’s consent. Besides, prosecutors don’t have to show that force, fraud, or threats triggered the act. Hence, a loving relationship could turn out to be a crime, implying age is the key element in statutory rape prosecution and conviction.
Since age is a critical crime element of statutory rape, it is prudent to know how to determine age. In California, a person becomes a year older a minute past midnight on subsequent birthdays. For example, Jo (a 20-year-old male) has 1st December as his birthday. He has a girlfriend who is 17 and has birthday on 1st January. If they engage in intercourse before midnight on the night of 1st January, Jo could be convicted of statutory rape. He can avoid the conviction by waiting till 12:01 AM on 2nd January to have sex.
Most Californian prosecutors don’t press charges if both parties are under 18. This doesn’t imply that teenagers have a legal leeway for sexual relationships. In such cases, both sides are victims and can undergo trial in the Juvenile Court setup of California. Other jurisdictions would consider such relationships legal under Romeo and Juliet Laws.
Penalties for Statutory Rape
CA Penal Code 261.5 PC provides several penalties and guidelines for sentencing a convictive statutory rape charge. The case is charged as either a felony or misdemeanor, or both, depending on age differences and, often, criminal history of the alleged perpetrator.
According to section (b) of the statute, unlawful sex with a minor younger by three years or older by a maximum of three years constitutes to a misdemeanor charge. Section (c) makes it a felony or a misdemeanor for a person to have intercourse with a minor three years younger. Such a person can be imprisoned in a county jail for a maximum of one year. The same fate could strike a 21-year-old person having sex with a 16-year-old minor. However, the latter case can lead to a maximum of four years imprisonment pursuant to Section 1170 (h) or a one year in a county jail.
In short, misdemeanor penalties include a sentence of one year in county jail, fines of up to 1,000 dollars, or both. On the other hand, a felony leads to one year in county jail, a maximum of three years in custody (excluding cases when the perpetrator is at least 21), or a maximum of 10,000 dollars in fines.
Apart from felony and misdemeanor penalties, one can face civil penalties for unlawful sexual intercourse. CA Penal Code 261.5 (e) provides that adults can be charged civil penalties for statutory rape. These charges vary depending on the perpetrator’s and victim’s ages as follows:
- A fine not exceeding 2,000 dollars if the minor is younger by two years;
- A fine not exceeding 5,000 dollars if the victim is younger by at least two years;
- A maximum of 10,000 dollars in the case where the victim is three years younger or less;
- A maximum of 25,000 dollars to a 21-year-old who engages in sex with a 16-year-old minor.
As per CA Penal Code 261.5 (e) (iii), a judge may impose a maximum of 70 dollars to an individual who violates the above penalties. However, the court must consider the ability of the defendant to pay, and at no circumstances should the court deny probation to the defendant.
Statutory Rape Legal Defense
An experienced criminal defense attorney stands a higher ground of winning the case against statutory rape claims. This is because most prosecutors face difficulties whenever the victim is unwilling to comply or to provide straightforward responses. Unwillingness to comply can result when the victim party (including parents) have the motive to get monetary or other benefits from the supposed perpetrator, behind the doors of justice.
Furthermore, satisfactory proof that sexual intercourse existed can be an uphill task for the prosecutor. This element leaves the defense team with advantage over their counterparts. Nevertheless, the statutory rape defense attorney can counter the tabled evidence and use the following facts to fight the Penal Code 261.5 violation offense:
- Under good faith, you believed that the alleged minor was 18 or above at the time of intercourse. This version of contesting the accusations falls within the general version of criminal defense known as mistake of fact. To support your claim, the attorney can use several approaches. Firstly, the victim’s attire and body appearance made a presumption that he or she is an adult. Secondly, your first meetup was in an adult-only place such as a bar. Lastly, the supposed victim uttered statements indicating they are adults. If the victim was not a minor, you cannot be convicted under the statute.
- The offense is a false accusation. It is legal to prove that the defendant is accused falsely. For instance, the alleged victim party might file the case out of anger, revenge, hatred, or to tarnish someone’s reputation. It is advisable to maintain silence, let the attorney conduct investigation and handle the burden of proving your innocence.
- The minor was your spouse during the intercourse. An adult engaging in sexual activity with his/her spouse is not convictable under statutory rape law. The defendant needs to prove that the two parties were married by providing legal marriage documents. If the minor’s parents consented to the marriage, then the parties are also considered married at the time of having sex.
- There existed only oral sex, flirting, or foreplay between the two parties. These activities don’t translate into penetration of the vagina by the penis, hence not a criminal liability for statutory rape.
As per CA Penal Code 261, rape arises whenever the act is non-consensual and involves the use of force. To the contrary, statutory rape arises even if the minor consents. The latter’s inclination assumes that underage persons are not independently decisive on matters sex. It also assumes that the victims are unable to tell the legal consequences resulting from underage sex. Therefore, the issue of consent does not add up to statutory rape legal defense.
Common Offenses Relating to Statutory Rape
Statutory rape relates to three common sexual offenses: rape under Penal Code 261 PC, Lewd activities with a child, and spouse rape.
As mentioned above, the issue of consent is vital for conviction under Penal Code 261. The crime is charged as a felony with a maximum of eight years in the state prison. It is as well classified under three strike California Law. Most people convicted under this rape statute register as third tier sexual offenders for lifetime.
Similar to statutory rape, rape in California can arise from wrong accusations. A defendant might also be convicted of the two crimes if there existed a forceful and non-consensual sex with a minor. If you are accused of both crimes, an excellent defense attorney will help handle both charges. Alternatively, the attorney can seek for a dismissal of the rape charge, leaving a narrow likelihood of felony penalties and avoidance of registration as a sex offender.
Apart from rape, lewd acts relate to statutory rape. The provisions of CA Penal Code 288 PC imply that a lascivious or lewd act with a kid occurs when someone gets sexual pleasure by touching a 14-years-old child’s (or younger) body parts. Sometimes the charges can include minors at the age of 15, and generally termed child molestation. Note that there is no requirement that the prosecutor proves existence of sexual intercourse between the two parties. In such a case, fulfilment of sexual desires or lust gratification for either the child or the perpetrator is an offense even if the perpetrator touched the minor over his/her clothes.
A person accused of child molestation faces felony penalties with at most eight years imprisonment in the state prison. Section (a) of the lewd acts penal code also requires that the perpetrator registers as a sex offender. The registration must adhere to Penal Code 290 PC, failure to which the perpetrator faces a further felony charge.
Even though both statutory rape and child molestation involve minors, it is not always the case that someone accused of statutory rape is in violation of Penal Code 288 PC. In situations where an individual is accused of both crimes, the defense can seek for a dismissal of child molestation accusations. If granted, the individual would escape felony penalties and sex offender registration.
Over the years, advocates across the country have familiarized with sexual engagement between teenagers in what is known as Romeo and Juliet Laws. Under these laws, minors can have relationships and sex amongst themselves, provided it is consensual. California does not have Romeo and Juliet Laws. Any sexual activity between minors is illegal in California. The state recognizes 18 as the minimum age of consent for sex.
Finally, spouse rape is another common offense. A person violates Penal Code 262 spouse rape if there is a non-consensual sex between married couples. The individual can face penalties for both spouse rape and rape crimes, as well as statutory rape.
Does Statutory Rape Conviction Lead to a Sex Offender Registration?
The state of California exempts individual convicted of statutory rape from registering as sex offenders. However, the requirement affects related offenses such as molestation of a child and rape under Penal Code 261. Thus, attorneys’ bargain to reduce double sexual offense charges into statutory rape charges in most criminal defense proceedings.
Statute of Limitation for Statutory Rape and Related Offenses
California has time limits which prosecutors must observe while filing charges. The limits are found under the statute of limitation (SOL). For instance, an aggravated rape charge doesn’t have filing limits, that is, prosecutors can file the case any time. Aggravated rape would involve serious injury to someone, a group of perpetrators, or the use of weapons to perform the act. In such, individuals accused of violating Penal Codes 261 and 261.5 could be charged with aggravated rape, as the jury deems necessary depending on prosecutors’ evidence, without a time limitation.
Prior to the Supreme Court overturning the 1990’s retroactive legislation on child molestation, any person could face sudden arrest for any offense relating to molestation. The highest court in the land termed the legislation unconstitutional. Nevertheless, the crime carries a statute of limitation of ten years. But still, the police have a period of one year to pursue violation of Penal Code 288 PC after getting information from the victim, even if it is after the 10 years period.
Sexual Assault has six years SOL. In order to be convicted of this crime, pertinent procedures must be taken into consideration. Firstly, any person believing that he/she has suffered sexual assault damages can file a lawsuit with an attorney’s help. Statutory rape victims are allowed to file similar lawsuits. Secondly, the prosecutor will table their evidence beyond a reasonable doubt that the defendant committed the crime. The defense team will simply create a sense of doubt in the jury by counteracting the prosecutor’s claims. Lastly, the jury consisting of 12 members will make a ruling:
If at least nine of the jurors believe that there was wrong doing by the defendant, he/she will have to pay compensatory damages. Such damages incorporate pain, lost wages, lost salary, hospital bills, suffering, and psychological counseling.
Finding a Statutory Rape Defense Attorney Near Me
Contesting a statutory rape charge requires involvement of experienced and dedicated attorneys. Across San Diego and surrounding areas, the San Diego Criminal Lawyer law firm helps clients ascertain their innocence and fights against the accusations. Remember to always seek out professional help rather than attempting to talk yourself out of legal matter with the police or investigators. Our experienced legal team is ready to help you fight not only statutory rape but also its related charges. Call us at 619-880-5474 to connect with one of our legal professionals. Don’t let false accusations or unwillingness to contest a prosecution tarnish your image.
