California Statutory Rape Attorney
Are you dealing with statutory rape charges in California? Get in touch with a California sex crimes attorney who will fight for you, no matter what.
Getting hit with statutory rape charges in California is very serious. You could be sent to prison for a number of years, pay fines, and face other consequences that could follow you around for the rest of your life. Now that you’re in a vulnerable place, it’s time to get empowered by researching statutory rape laws in California and hiring a California sex crimes attorney to help you. Here’s some more information.
What Is Statutory Rape?
It is illegal to have sex with a minor who is under 18 years of age, and it is classified as statutory rape. Even if a minor consented to sex, it does not count, since legally, they are not able to give informed consent.
In California, it is illegal for penetration or sexual intercourse to occur between a minor and a defendant of any age, unlawful oral sex between a minor and a defendant of any age, lascivious and lewd acts upon a child involving a minor who is 13 years of age and younger and a defendant of any age, or sexual penetration between a minor who is under 14 and a defendant who is, at the very least, 10 years older than the minor.
“I felt like I was in nightmare. Chris literally saved my life.” – Jesus L.
Proving You Committed Statutory Rape
Proving that statutory rape occurred can be very difficult for a prosecutor, since oftentimes, rape cases consist of the defendant’s word against the alleged victims’ claims. The prosecutor is going to use a medical examination the alleged victim took immediately after the alleged rape happened as evidence. However, an examination doesn’t always occur. If there were any witnesses around or photographic or video footage of the incident, then the prosecutor could incorporate these as proof as well.
Penalties for Statutory Rape
This is a wobbler offense, which means that it could be a misdemeanor or a felony. One factor that will determine whether you get charged with a misdemeanor or a felony is the age difference between you and the alleged victim. For instance, if you were 19 and the alleged victim was 17, that’s not as big of an age difference as someone who is 25, and the alleged victim is 16.
If you are no more than three years older then the alleged victim, then you’ll be charged with a misdemeanor. If you are more than three years older, than you could be charged with a misdemeanor or a felony. If you are 21+ and the alleged victim is under 16 years of age, you could be charged with a misdemeanor or felony. Keep in mind that the prosecutor does not have to show that force was used during intercourse in order for it to be called statutory rape.
The misdemeanor penalties include up to one year in county jail, up to $1,000 in fines, and summary probation. The felony penalties include probation, up to one year in county jail or 16 months, two years, or three years behind bars, and up to $10,000 in fines.
Keep in mind that if you are convicted of statutory rape, you do not have to register as a sex offender. However, you might have to register if you are convicted of engaging in anal or oral sex with a minor.
“From the moment I met Chris, I knew I was in good hands.” – Kevin H.
Defending Yourself Against a Statutory Rape Charge
In your defense, you could say you did not know the alleged victim was a minor or that the alleged victim who is accusing you is making a false claim. If a minor presented him or herself as older and you had no idea of knowing that they weren’t of the legal age, then you could tell this to the prosecution. Sometimes, alleged victims make false accusations in order to take revenge out on the defendant or for some other nefarious purpose.
Contact California Sex Crimes Attorney CBS Law
If you are being charged with statutory rape, then it’s time to reach out to a California sex crimes attorney who will defend you and work hard on your behalf. That’s CBS Law.
Want to learn more about what CBS Law can do for you? Then contact us for your free 60-minute consultation by calling (213) 800-8005 or getting in touch on our website. CBS Law is here for you 24/7, and we’ll work hard on your case to ensure justice is served. We are looking forward to helping you with your statutory rape charges in California.
Do NOT speak to law enforcement or investigators about your statutory rape charges, as that information can and will be used against you in a court of law.
Christopher J. Bou Saeed Founding Attorney of CBS Law