It is no secret that most teenagers are sexually active in current society. Unfortunately, this has landed many law-abiding individuals in legal trouble. Under California law Penal Code 261.5, it is a crime for an adult to have sex with a person under 18. If you violate this law, you could face statutory rape charges, which attract civil and criminal penalties depending on the facts of your charges. Statutory rape cases can also imply an adult ‘’preying’’ on minors. Facing these accusations can taint your image, leading to consequences at work or in your personal life. If you face an allegation of statutory rape, you need to consult a defense attorney experienced in sex crimes cases. At the Los Angeles Criminal Attorney, we are always ready to help you protect your freedom and reputation.

Statutory Rape Under California Law

Under California law, statutory rape is an offense of engaging in sex with a minor. Penal Code 261.5 prohibits this conduct. The reasoning behind this statute is that persons below 18 years cannot lawfully consent to sex. Therefore, statutory rape charges will apply if the prosecutor believes you had sex with a minor under 18. Statutory rape crimes are among the most common sex offenses in California. In most cases, the individuals involved are entirely innocent of the charges.

Often, a statutory rape case does not lead to a conviction. If the prosecutor accuses you of this crime, he/she has to provide sufficient evidence that you are guilty of the charges leveled against you. This includes evidence showing that various elements of statutory rape exist in your charges.

Before charging you with statutory rape, the prosecutor must prove the following elements:

  • You had sexual intercourse with a minor below 18 years
  • You were not married to the minor at the time of the incident

The above elements must be evident for a successful charge against you. Otherwise, the judge could dismiss your charges. The sex between you and a minor does not have to be non-consensual for you to face charges. Often, you could face charges even in consensual sex when the victim is below 18 years. However, if the victim and the defendant are married, statutory rape charges will not apply. The prosecutor will have grounds for filing charges against you if you are not married to the victim.

The following qualify as statutory rape:

  • Penetration or unlawful sexual intercourse between a person who is 17 years or below and a defendant of any age
  • Oral sex between a person who is 17 years or below and a defendant of any age
  • Sexual penetration or unlawful sex between a person who is below 14 years and a defendant who is at least ten years older than the victim
  • Lewd and lascivious acts involving a child — The acts should involve sexual contact between a person who is 13 years or below and a defendant of any age. Statutory rape charges will also apply if the victim is 14 or 15 years and the defendant is at least ten years older than the minor.

Consent Age In California

The consent age is a tricky issue in California. While consent statutes are meant to prohibit the victimization of minors, in some situations, they can feel somewhat arbitrary. However, you should not treat these statutes casually. You could face statutory rape charges if you violate one of California's consent age laws.

Various California laws govern unlawful conduct regarding sexual interaction with a person under 18. The state's statutes on consent age are among the strictest in the United States. California is among the eleven states in the United States where the consent age is 18 years old. In most states, the consent age is 16, with few states having a consenting age of 17.

Additionally, the state does not recognize the Romeo and Juliet Law. This statute seeks to keep young lovers of almost the same age from being convicted for engaging in consensual sexual activities. For example, in most states, a 15-year-old could lawfully engage in sex with a 17-year-old under Romeo and Juliet statute. However, California has optional sentencing of the Romeo and Juliet statute. The law outlines that consensual sexual activities between young couples will only lead to a misdemeanor crime of statutory rape instead of a felony conviction.

Exemptions To California’s Statutory Rape Laws

California law has exemptions that cover minors who engage in sexual activities, provided the children are almost the same age. According to this exemption, individuals with an age difference of not more than three years will face reduced charges. Usually, the charges could be reduced from a felony to a misdemeanor.

A marital exception allows minors to have consensual sex provided they are legally married. For example, if a sixteen-year-old girl has sexual intercourse with her twenty-three-year-old boyfriend, the boyfriend could face statutory rape charges because the girl is a minor. However, if the two are married, the boy will not face criminal charges for having sex with the girl.

The Penalties For Violating 261.5PC

Under California law, statutory rape is a wobbler crime. You could face misdemeanor or felony charges depending on the circumstances of your case. The factors that will determine how the offense is charged include:

  • If you are not more than three years older than the minor, you will face misdemeanor charges under PC 261.5
  • If you are older than the victim by three years or more, then you could face misdemeanor or felony charges
  • If you are 21 years or older and the minor is below 16 years at the time of sexual activity, then you could face misdemeanor or felony charges, but you are more likely to face felony charges

If the prosecutor charges you with a misdemeanor violation of PC 261.5, you could face the following penalties:

  • A fine that does not exceed $1,000
  • Informal probation
  • A jail term that does not exceed one year in jail

If the prosecutor charges you with a felony violation of PC 261.5, you could face the following penalties:

  • A fine that does not exceed $10,000
  • Informal or felony probation and up to one year of county jail time
  • A jail term of 16 months, two years, or three years unless you were 21 years or older and the minor was under 16 years, in which case the possible sentence is two, three, or four years

You could also face civil penalties alongside misdemeanor and felony penalties. Civil penalties are non-criminal fines that you could be forced to pay in addition to paying criminal fines and serving a jail term. Only adult defendants can face civil charges. Civil penalties vary depending on the age difference between you and the minor. You could face civil penalties as follows:

  • A fine that does not exceed $2,000 if the minor is less than two years younger than you
  • A fine that does not exceed $5,000 if the minor is at least two years younger than you
  • A fine that does not exceed $10,000 if the minor is at least three years younger than you
  • A fine that does not exceed $25,000 if the minor is 16 years and you were 21 years or older when you committed the crime

Under Penal Code 261.5(e)(2) of California law, the district attorney could bring actions to recover civil penalties. From the money received for each charge, a portion equal to the expenses of pursuing the action will be deposited with the treasurer. This occurs in the county where the judgment was passed, and the remaining amount will be deposited in the Underage Pregnancy Prevention Fund (UPPF). UPPF is created in the State Treasury. The money deposited in the UPPF can only be used to prevent pregnancy in minors once the Legislature allocates the funds.

When the judge puts you on probation, he/she will impose specific conditions that apply to the offense for which you face charges. The requirements of the probation could include the following:

  • Random searches of your home or person
  • While on probation, you should not violate any law other than a traffic infraction
  • Random drug testing
  • The court could order you to visit your probation officer as often as your probation conditions require.
  • Attend sexual addiction or rehabilitation programs
  • Perform community service

If the prosecutor charges you with statutory rape according to Penal Code 261.5, you could have to register as a sex offender according to California Penal Code 290. If the judge orders you to register as a sex offender, you will require updating your registration with a local law enforcement agency as long as you live, work, or attend school in California. Additionally, your information, like address, photograph, and name, can be accessed by anybody on a sex offender website owned by the Department of Justice.

In addition, when you register as a sex offender, the judge could order you to stay away from any school or parks where children frequent. Unfortunately, most defendants who register as sex offenders find it hard to secure places to live. Often, many landlords are hesitant to rent their houses to Penal Code 290 registrants.

On the other hand, if you do not register as a sex offender, the court could charge you with an additional criminal charge for failing to adhere to Penal Code 290. The sex offender title can be devastating to your personal and professional life. A competent attorney can help you to contest your sex crime charges to avoid this harmful criminal repercussion.

Defenses Against Statutory Rape Charges

If you face statutory rape charges, you could utilize several legal defenses, including:

A Reasonable Believe That The Minor Was Over 18 Years

To face statutory rape charges, you must know you are having sex with a minor below 18. If you reasonably believe you had sex with an individual over 18 years, you cannot face criminal charges under Penal Code 261.5.

For this defense to be valid, you must provide sufficient evidence that you had a legitimate reason to believe that the alleged minor was at least 18 years of age. For example, if you met a minor in a bar that only allows people 21 years and above, you had a valid reason for believing that the victim is above 18 years old. Claims of the minor being above 18 years could also serve as evidence. The court could validate these claims, especially if several witnesses can attest to these claims. For example, if you meet a minor at a club and the minor claims that they are above 18 years, you can use this claim as evidence to fight your charges.

Lack Of Evidence

There is often no physical evidence of an offense of statutory rape. In this case, the prosecution has a burden to prove you guilty. The prosecutor must provide substantial evidence that you are guilty beyond a reasonable doubt. If the prosecutor fails to provide convincing evidence, a competent criminal defense attorney could get your charges dismissed before the case goes to trial.

False Allegations

Most accusations about sex offenses are legitimate. However, some allegations are made falsely, including statutory rape. You cannot face the charges if you are accused of rape that you did not commit.

You Are Married To The Victim

If you are a married couple in California, then statutory rape charges do not apply. Therefore, you cannot face charges for engaging in sex with a minor when the two of you are married.

No Sexual Contact

If you are facing statutory rape charges, you can allege that there was no sexual intercourse between you and the alleged minor. There would be no crime of statutory rape if you did not engage in sexual activity with the child.

Statute Of Limitations For Statutory Rape Cases In California

In California, the statute of limitations for statutory rape is either one year or three years. For example, if the prosecutor charges you with a misdemeanor statutory rape, then the alleged minor must file charges against you within one year. If the prosecutor charges you with felony statutory rape, then the alleged minor should file the charges against you within three years. These statutes of limitations apply only to statutory rape cases according to Penal Code 261.5 of California law.

The judge could dismiss the charges against you if the victim does not file the charges within this period. However, a new statute was passed recently in California to extend most statutes of limitations on sex offenses. This statute permits prosecutors to file lawsuits at any time. However, the new law did not alter the statutes of limitations for statutory rape cases.

Can a Minor File a Civil Lawsuit For Statutory Rape?

If a minor believes they suffered damages because of statutory rape, they have a right to file a sexual assault case under California law. You do not need to have undergone a criminal trial to face civil charges. In a civil lawsuit, the burden of proof is simply a preponderance of the evidence. The court could order you to pay damages if nine out of the twelve jurors believe it is more likely than not that you did something wrong. This could happen even if the charges were not filed or you are not found guilty in the criminal jury trial. The damages the court could order you to pay to the victim include compensatory damages like:

  • Pain and suffering
  • Medical bills
  • Lost earning capacity
  • Psychological counseling
  • Lost wages

If The Senate Bill 145 Has Effects On Statutory Rape Laws

The California Senate Bill 145 of 2020 will not affect Penal Code 261.5. This Bill will only affect other sexual conduct crimes like:

  • Sodomy — Penal Code 286(b)
  • Oral copulation of a child — Penal Code 287
  • Penetration by a foreign object — Penal Code 289(h) or (i)

If you face charges for the above offenses, Senate Bill 145 prohibits the judge from ordering you to register as a sex offender so long as you are not ten years older than the minor.

Related Offenses

In California, certain offenses are related to Penal Code 261.5, statutory rape. They include:

Rape — Penal Code 261

The crime of rape is defined under PC 261 as using force, threats, or fraud to have non-consensual sex with someone else. This law highlights some of the acts that constitute rape, which include non-consensual sex with another person while:

  • The person is unconscious of the act
  • The person is incapable of consenting because of a mental disorder
  • The person cannot consent because of intoxication
  • The intercourse is done by the use of force, violence, or coercion

In California, rape is a felony offense. You could face penalties based on the victim's age. If the victim is 18 or older, the defendant could face a jail term of three, six, or eight years in a California State prison. Based on the case, you could also be required to register as a sex offender for life or 20 years.

If the victim is 14 to 17 years, you could face a jail term of nine, eleven, or thirteen years in prison and a lifetime sex offender registration. If the victim is below 14 years, you could face a jail term of seven, nine, or eleven years in prison and a lifetime sex offender registration. You could also face additional three or five years in prison if the victim sustained significant bodily injury. The judge cannot impose probation instead of prison for rape charges if:

  • You used force or violence.
  • The victim suffered significant bodily injury.

Under Penal Code 261, a conviction of rape could adversely affect your gun rights. In California, if you are convicted of a felony, you are not permitted to own or possess a gun. Similarly, if you are convicted of rape, you could face negative immigration consequences. Rape is an offense involving moral turpitude in California. Therefore, if you are a U.S non-citizen, you could be marked as inadmissible into the United States or deported.

However, you can have your charges expunged if the judge awards you felony probation instead of imprisonment. You will only be ineligible for an expungement if you receive prison time.

On the other hand, you can raise a legal defense against your rape charges in California. The common defenses you could raise include the following:

  • The victim consented to have sexual intercourse
  • No sexual intercourse occurred
  • You are a victim of false accusation

Lewd or Lascivious Acts With A Child — Penal Code 288

California Penal Code 288 defines this crime as an act of touching a minor below 14 years for sexual purposes. You could commit a lewd or lascivious act when you do the following:

  • You willfully touch any part of the minor’s body
  • Deliberately make the minor touch their body
  • Knowingly make a child touch your body
  • Intentionally making a child touch the body of someone else in a sexual manner

The penalties for violating PC 288 vary based on your criminal history and the minor’s age. The penalties could also depend on whether you used force or threats. If you have a prior sex offense conviction, you can face charges according to PC 667.71(b), habitual sexual offender statute. If you are a habitual sex offender, the judge could sentence you to 25 years or life imprisonment.

According to PC 288 of California law, committing a lewd act against a minor for 14 or 15 years is an offense. If you are ten years older when you execute the crime, it is a wobbler crime. The prosecutor could charge you with a misdemeanor charge or a felony depending on the following:

  • Your prior criminal history, and
  • The facts of your case

A misdemeanor lewd act against a minor 14 or 15 years could attract a jail term of one year in county jail. You could also be required to register as a sex offender. Felony lewd acts against a minor 14 or 15 years could attract a jail term of 16 months, two years, or three years in state prison. You could also face felony probation, with up to one year in county jail.

Find a Defense Criminal Attorney Near Me

If you or your loved one has been arrested and faces statutory rape charges, you need a competent attorney to walk with you. You need to consult an attorney with an excellent understanding of the local courts and extensive knowledge of California's criminal justice system. Statutory rape charges are serious since they attract fines and lengthy jail terms. At Los Angeles Criminal Attorney, we can analyze the facts of your charges and plan a defense strategy to assist you in receiving a fair judgment. So call us at 424-333-0943 and talk to one of our attorneys.