Statutory Rape
According to California Penal Code section 261.5, one can be charged with statutory rape, otherwise known as unlawful sex with a minor or unlawful sexual intercourse, when one engages in sexual intercourse with a person under the age of eighteen. A charge can be brought, regardless of whether or not the sex was consensual and regardless of whether or not the alleged offender knew the alleged victim was a minor (even if the minor mislead the other person).
Specifically, Penal Code section 261.5 requires the following elements to be present in order for one to be charged with statutory rape:
- The defendant had sexual intercourse with another person (note, any amount of penetration counts as sexual intercourse, even when there is no ejaculation)
- The persons involved were not married to each other at the time of the act
- The alleged victim was under the age of 18 when the act occurred
Statutory Rape Penalties in California
California’s statutory rape law falls under the "wobbler" option, meaning that a prosecutor has the choice of prosecuting your charge as either a misdemeanor or a felony. Whether or not you are charged with a misdemeanor or a felony will depend on three circumstances:
- If you are no more than three years older than the victim, you will always be charged with a misdemeanor
- If you are more than three years older than the victim, you could be charged either with a misdemeanor or a felony
- If you are 21 or older and the alleged victim is under the age of 16, then you could be charged either with a misdemeanor or a felony, with steeper penalties for a felony charge than when the scenario described in number two above exists
When the prosecutor has a choice (i.e., scenarios two and three above), he or she will base their decision on the specific facts of your case and your criminal history, if any.
A misdemeanor conviction will result in informal probation, and maximum sentence of one year to a county jail and/or up to $1,000.00 in fines. A felony conviction, on the other hand, will result in either informal or formal probation and up to one year in a country jail OR 16 months to three years in custody. However, if the defendant was 21 or older and the alleged victim under the age of 16, then the maximum prison sentence will increase to four years. Felony convictions also include a maximum $10,000.00 fine.
In addition, both a misdemeanor and a felony conviction will place you on the California sex offender list. This public registry last a lifetime and will have significant effects on your personal and professional lives.
Los Angeles Statutory Rape Defense Attorneys
In order to properly defend against your California statutory rape charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney. The Law Offices of Jonathan I. Kelman specialize in defending California statutory rape charges.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.