California law makes it a criminal offense for anyone, despite their gender or age, to engage in sexual acts with a minor (an individual aged 18 years or younger). Children are incapable of giving consent to sexual acts. Therefore, you will still be guilty of statutory rape even if the minor consented to or initiated the act. Sex crimes are pretty severe in California, a conviction of which could see you serving a long time behind bars and paying a hefty penalty.

Therefore, hiring a competent criminal defense attorney is advisable if you face statutory rape charges in Riverside, CA. Your attorney will protect your rights, guide you through the complex legal process and help you plan a solid defense against your charges. That way, you could compel the court to either reduce or dismiss your charges. The attorneys at Riverside Criminal Defense Attorney Law Firm are ready to help..

Legal Definition of California Statutory Rape

California law has set the age of consent at 18 to ensure that people understand the nature and consequences of a sexual act before engaging in it. Minors are considered incapable of giving consent. That is why California has stringent sex laws, especially those that involve children. Among them is statutory rape, which makes it a severe offense for any person (male or female) to engage in sex with an individual aged 18 years or younger. The court does not consider whether or not the minor consented to the act or initiated it when sentencing a defendant.

But there are exceptions to this law. For instance, if you are legally married to the alleged victim. In that case, you will not be found guilty of statutory rape. Otherwise, this is a serious charge, a conviction of which could see you spending up to four years in prison and paying a hefty penalty.

Sex offenses are pretty severe in California, especially those that involve children. Because of that, it is not unusual to find a person facing severe sex-related charges while, in the real sense, they did not commit the offense. For instance, you might have been accused falsely by another person out of jealousy or desire for revenge. That is why the law grants you an opportunity to defend yourself at trial before a judge can announce his/her verdict. However, you’ll need quality criminal defense services if you wish to avoid a conviction for statutory rape and its consequences.

The law against statutory rape in California is under California PC 261.5. During your trial, the prosecutor is expected to read your charges and prove all the elements or facts of the offense as provided under the law. The elements are:

  • That you engaged in sex with an individual— note that any level of penetration, however slight, will qualify as sexual intercourse. It will not matter whether or not there was ejaculation.
  • That the person you were involved with was not in a marriage relationship with you when you committed the offense— you’ll still be guilty of statutory rape even if the victim is in a marriage relationship with another person or was previously married to you.
  • That the victim was a minor of below 18 years when you committed this offense

The prosecutor doesn’t need to demonstrate that you used force or threats of violence to commit the offense, like in most sex crimes. Also, the prosecutor does not need to verify that the victim didn’t consent to that act. The fact that the victim was a minor when you committed the offense is enough to cause you a conviction under California PC 261.5.

California statutory rape and rape are very different offenses, even though both are sex crimes. The critical element to rape is lack of consent, while in statutory rape, it is the involvement of a minor. It is essential to understand these key differences to know the nature and severity of your charges if you face statutory rape charges in California.

In most cases, statutory rape charges arise from an otherwise loving and caring relationship. Take an example of a case involving high school sweethearts who decide to engage in sex. It turns out that the girl was already 18 years old when she committed the offense, while the boy was only sixteen. In cases like these, the girl might not have considered the magnitude of her actions while engaging in sex with her boyfriend. The age of a victim is the most significant factor in statutory rape cases.

Example: After relocating to a new town, Sarah finds herself in a new school, where only one boy in her maths class shows her some attention. She’s smitten, and in no time, they start dating. The young couple starts studying together after school, and they start engaging in sex in no time. Sarah doesn’t know that her newfound love, Ken, is only sixteen. After discovering her son’s little secret, Ken’s mum angrily calls law enforcement officers. Sarah faces statutory rape charges since she’s already 18.

Sarah cannot cite not knowing her boyfriend’s age to defend herself against statutory rape charges. The fact that Ken willingly engaged in the sexual act, or initiated the act, will not count in this case.

When California judges determine statutory rape cases, the age of the participants is crucial. The severity of penalties the defendant receives after conviction depends on how old the minor was when they committed the offense. The difference in age between the perpetrator and the victim is essential too. Therefore, the court will expect the prosecutor to prove the two parties’ age when they engaged in the sexual act.

Prosecutors make careful considerations to ensure that they have the correct age of the two parties to avoid wrongly convicting an innocent person. In California, a person is legally considered a year older a minute past midnight on the day of their birthday. Therefore, the time when the offense was committed is of the essence. For instance, if in the example above, Ken was 17, and the alleged crime occurred on his 18th birthday. Sarah can only be guilty if the sexual act occurred before midnight. If they engaged in sex any time after a minute after midnight, Ken would already have turned 18, and Sarah would not have committed statutory rape.

Also, note that minors in California can face statutory rape charges. You could face charges for violating California PC 261.5 if you were a minor below 18 years when you committed the offense. It might seem odd since the defendant was also a minor, but it is the law. The charges apply based on who reported the matter. However, most prosecutors do not pursue cases involving two teenagers engaging in sex. But it doesn’t mean that charges like those are impossible. However, the determination of issues like these occurs in the California juvenile justice system.

Penalties for a California Statutory Rape Conviction

Statutory rape is a wobbler offense in California. It means that the prosecutor can charge it as a misdemeanor or felony. Here are the three circumstances from which the prosecutor will decide how to charge your case:

  • If the difference in age between you and the victim is less than three years, the offense will be a misdemeanor
  • If the alleged victim is/were over three years younger than you when you committed the offense, the offense will be a misdemeanor or felony.
  • If you were an adult of 21 years or older when you committed the offense, and the victim was sixteen years or below, the offense will be a misdemeanor or felony— if you face a felony conviction, the penalties you are likely to receive under this circumstance will be stiffer than the second case above.

The basis of the prosecutor’s decision will be on the circumstances of your case and your criminal record. Note that statutory rape is generally a severe offense. Therefore, you are likely to receive stiff penalties even if you face misdemeanor charges.

Example: While in senior school, Mike (18) started dating Sasha (17), the most popular girl in his school. At one time, they engaged in sex, and Sasha’s parents were not happy about it. Several years later, Mike was arrested and charged with statutory rape because of that one incident when he engaged in sex with Sasha. He did not deny it. Based on the facts of this case, Mike will face misdemeanor charges for statutory rape since Sasha was only two years younger than him then.

The circumstances of this case would be different if Mike were 21 or older then. Mike’s situation would even be worse if he were 21 or older when he committed the offense, and Sasha was sixteen or below.

Remember that California doesn’t have the Romeo & Juliet Law, which makes it okay for teenagers to engage in sexual acts, provided that both are within the same age bracket. It will always be illegal for anyone to engage in sexual acts with a teenager in California, even if the age difference is only a few months. However, you could face less severe charges if the difference in age between you (the defendant) and the victim is a few months or years.

If you face misdemeanor charges for statutory rape in California, you could face the following penalties after conviction:

  • Informal or misdemeanor probation
  • A maximum of one year in jail
  • A maximum fine of $1000

If you face felony charges for statutory rape, you could face the following penalties if convicted:

  • Formal or felony probation
  • Sixteen months, two or three years in prison if you were slightly older than the alleged victim. But if you were 21 years or older at that time, and the victim was sixteen or younger, you are likely to face two, three, or four years in prison after conviction.
  • A maximum fine of $10,000

On top of these criminal penalties, the defendant could face civil fines for statutory rape. Civil penalties are usually non-criminal penalties you could be ordered to pay on top of your criminal penalties. However, only adult offenders are ordered to pay civil penalties.

The amount in fines you could be ordered to pay depends on the difference in age between you and the victim. The maximum civil penalties for statutory rape in California are as follows:

  • If the alleged victim is not more than two years younger than you, you could face a civil penalty of $2000
  • If the alleged victim is two years younger than you, the civil penalty increases to $5000
  • If the alleged victim is three years younger than you, the penalty increases further to $10,000
  • If the alleged victim was below 16 years when you committed the offense, and you were over 21 years, the civil penalty becomes $25,000

The Best Legal Defense Strategies to California Statutory Rape Charges

As previously mentioned, sex crimes are pretty severe in California, and they carry life-changing penalties. Statutory rape is not an exception. That is why you must work hard in your defense to avoid a conviction. You could positively impact the outcome of your case if you involve an experienced criminal defense attorney. Among the things your attorney will do for you is plan a solid defense against your charges to ensure that you are not facing a conviction. Fortunately for you, you could benefit from some common legal strategies that your attorney can use to compel the court to reduce or dismiss your charges. These strategies are:

Mistake of Facts

It is not unusual to find a person facing severe statutory rape charges because they had sex with a minor without knowing that the victim was a minor. Many people find themselves in trouble for not finding out the age of the person they intend to have sex with. If that is the case, you could convince the court that you reasonably and honestly believed that the victim was an adult. The court could acquit you of your charges if you convince the jury of your honest mistake of age.

However, the jury would like to know what made you believe that the victim was an adult in the first place. It could be that the victim told you that they were already 18 or older, or the way the victim was dressed made you believe that he/she was an adult. It could also be that you met the victim at a party, where everyone was presumed to be an adult.

For instance, you might not be guilty of statutory rape if you engaged in random sex with a woman you meet at a pub where one must have an ID to enter. The fact that the alleged victim gave out an ID to enter the pub is reason enough to make you believe that they’re adults.

False Accusations

Again, it is not unusual for a person to face false accusations for a serious offense like statutory rape. People accuse others of serious criminal acts all the time for reasons like jealousy, to get even with them, or a desire for revenge. But simply citing false accusations will not make your chargers go away. You must convince the jury of your innocence and why you think that another person would accuse you of a severe offense like that.

For instance, an ex-girlfriend could have accused you of statutory rape for ending your relationship. If you two started dating before your girlfriend turned 18, she could take advantage of that to lodge false accusations against you.

Do not try to give the side of your story if you are arrested and falsely charged. Allow your attorney to take charge of the defense. A competent attorney will collect compelling evidence for countering the alleged victim’s accusations, including witness accounts. If successful, the court will acquit you of the charges.

The Exception of Marriage

In California, a minor is not considered capable of giving consent to sex. That is why the state has strict laws regarding sex where a minor is involved. However, a minor could be legally allowed to engage in sex if he/she is in a marriage relationship with the partner. If that is what happened in your case, you could cite the exception of marriage to have your statutory rape charges acquitted.

However, the alleged victim must have consented to the act. Otherwise, you will face rape charges in lieu of statutory rape charges. Also, you must provide evidence of marriage before a court to demonstrate that you indeed are in a marriage relationship with the alleged victim. If the court verifies it, it will acquit you of the charges.

California Statutory Rape and Related Charges

California law has several sex-related offenses that are closely related to statutory rape. Some of them are prosecuted in place of statutory rape, while others are charged together with statutory rape. The most common of them are:

Lascivious or Lewd Conduct with a Minor

California PC 288 makes it a crime for anyone to touch a minor of 14 years or less anywhere on their body for sexual gratification. Sometimes it involves minors of 15 years. The offense is also called child molestation and consists of any kind of touch, on any part of a minor’s body, including the minor’s clothes. Sexual penetration is not an element of this offense. The main factor is the touch to sexually arouse or gratify yourself, the minor, or another person.

Like most sex offenses involving a minor, lascivious or lewd conduct with a child is a felony offense, carrying a prison sentence of up to eight years. Additionally, the defendant is required to register their name as a sex offender every year without fail. California sex registry is publically available, making it easy for anyone who conducts a background check on you to know about the conviction.

Statutory rape is a lesser offense than lewd conduct with a minor. One can face charges for one or the other, not both at the same time. In most cases, defendants facing charges under California PC 288 opt to plea guilty to statutory rape to avoid the severe consequences of conviction under PC 288, including mandatory sex offender registration.

California Rape

California rape and statutory rape seem like the same offense, but they are two separate offenses with distinct legal definitions. Rape is defined under California PC 261 as engaging in sex with someone else without their permission, sometimes accomplished through force, threats, or fraud.

Consent is an essential element in a California rape case but irrelevant in a statutory rape case. In statutory rape, age is a significant factor but not of concern in rape cases. Thus, you cannot face both charges at the same time. However, you could face rape charges if the prosecutor fails to prove statutory rape charges.

Rape is a felony offense in California, attracting a prison sentence of up to eight years. It also counts as a strike under the state’s Three Strike Law. It means that the second and subsequent felony convictions after a rape conviction will be severely punished.

The closest similarity between rape and statutory rape is that you could be falsely accused of both out of jealousy, desire for revenge, or anger. Thus, you need good criminal defense services to avoid a conviction.

A conviction for both offenses is also life-changing. Several aspects of your life are likely to change, including your social and career lives.

Find a Experienced Riverside Criminal Defense Attorney Near Me

If you face statutory rape charges in Riverside, CA, it helps to know that you can count on the help of an experienced criminal attorney to have the court drop or reduce your charges. Statutory rape has severe consequences on those convicted, including a damaging criminal record that could make it hard for you to find suitable employment. That is why you must fight your charges. At Riverside Criminal Defense Attorney Law Firm, our team of skilled criminal attorneys will take time to study the details of your case to advise on the right way forward. Call us at 951-946-6366, and let us fight by your side until you obtain a favorable outcome of your case.