Statutory rape charges are filed when a person engages a minor in sexual intercourse, and the minor is not their spouse. A minor is an individual under 18, the age of consent set by California law. Statutory rape, which is also considered engaging in criminal sexual intercourse with a child, is a serious sex crime that can result in misdemeanor or felony charges. A felony conviction is punishable by up to four years in prison.
If you are falsely accused of statutory rape in Los Angeles, or reasonably believe that the alleged victim was an adult, you can fight your charges with our help at CCLG: Los Angeles Criminal Attorney. We have extensive experience handling all kinds of sex crimes. We can use our best defense strategies to fight for a favorable outcome in your case.
The Legal Meaning of Statutory Rape under California Law
The law is very protective of minors because of their lack of adequate capacity to make critical decisions. The protection of minors is left to adults, who should guide minors and put their best interests in mind at all times. Sadly, minors do not always receive adequate protection from adults. Cases of abuse and sexual assault involving minors are rampant, necessitating stringent laws against perpetrators of such crimes.
The law against statutory rape is one of the many laws that seek to protect the interests of minors. According to this law, a minor lacks the mental capacity to consent to sexual intercourse. This makes it a crime for any adult to knowingly engage in sexual intercourse with a child who is not their spouse. The law applies even in cases where the minor consented to, or even initiated, the sexual act. As long as the participant is a minor and they are not legally married to you, you are guilty of statutory rape.
According to PC 261.5, statutory rape laws prohibit sexual intercourse involving minors or individuals younger than 18 years. This is the age of content under California law. Once an individual turns 18, they are considered adults and legally able to give consent. Before then, even an hour before they turn 18, the person is still considered a minor.
PC 261.5 also provides the elements of this crime, which constitute its legal definition. If you are charged with statutory rape, the prosecutor must prove all these elements. The court will give a guilty verdict when this happens. If the prosecutor cannot prove one of the elements below, the court can dismiss or reduce your charges:
- You engaged in sexual intercourse with someone
- The person was not your marriage partner when this happened
- The person was a minor (younger than 18) when you engaged in sexual intercourse with them
It is important to define the elements more clearly to understand the offense better. This way, you will determine the best way to plan your defense to avoid the harsh penalties for a statutory rape conviction.
Sexual Intercourse
Sexual intercourse is a sexual act that involves the penetration of a male penis into a female vagina. The penetration must happen, even slightly, for the act to count as intercourse. Ejaculation is not necessary, though.
Thus, the prosecutor must first prove that sexual penetration happened between you and the victim. The victim of statutory rape can be male or female.
Note: Statutory rape laws do not require the DA to show that you used force or violence to commit the crime. The laws also do not require the DA to demonstrate that the victim did not give consent to the act. Statutory rape is a very different crime from a rape charge, in which lack of consent is a key element. Statutory rape happens even when there is consent, as long as it involves a minor who is not your marriage partner.
A Minor
The prosecutor must also prove that the alleged victim is a minor, or was a minor when the crime occurred. A minor is an individual under 18 years of age. This is a person who cannot legally consent to sexual intercourse because they do not understand the nature and possible consequences of the act.
A person is considered a minor if they have not yet attained the legal age of 18. The age of consent is determined according to an alleged victim’s birth date. A person attains the legal age at midnight of their eighteenth birthday. Before that, even a few minutes before, they are still considered minors under the law.
Example: Alyssa could not wait to engage in sexual intercourse with her boyfriend, Tim, who recently turned 18. Both have been dating since they were 16. They planned to do it on Alyssa’s 18th birthday. However, they both got carried away and had sexual intercourse before the clock hit midnight.
Legally, Alyssa was still a minor at the time. This means that Tim is guilty of statutory rape.
If they had waited until after midnight on the same day, the act would not have been considered a crime because both would have been adults.
Sexual Intercourse Between Minors
Statutory rape mainly happens when one partner is an adult, and the other is a minor. However, there are cases of minors who engage in sexual intercourse without being married. This can be a tricky situation for parents and the prosecutor, especially if one parent files charges against the other for statutory rape.
Under California law, when two minors engage in sexual intercourse before marriage, both can face statutory rape charges. This makes both children victims of a sex crime. Although many prosecutors do not prosecute such cases, it does not mean that they do not happen. If one parent files charges against a minor for engaging in sexual intercourse with the minor, the accused minor’s parent can also file a counter-charge to protect their child.
Penalties for a Statutory Rape Conviction
An arrest for statutory rape can result in misdemeanor or felony charges, depending on the age difference between the alleged victim and the perpetrator.
Thus, if the age difference between you and the victim is at least three years, the prosecutor can file misdemeanor charges. The penalties for this would be a one-year jail term and $1,000 in court fines.
If the victim is more than three years younger than you, the offense becomes a wobbler. A wobbler can result in felony or misdemeanor charges. The actual charge will depend on the details of your case and your criminal history. A misdemeanor conviction, in this case, is punishable by a one-year jail sentence and a $1,000 fine. A felony conviction can result in a prison sentence of 16 months, 2 years, or 3 years, and a fine of $10,000.
If you are 21 years or older, and the alleged victim is younger than 16, the crime becomes a straight felony. This has a harsher prison sentence of 2, 3, or 4 years.
If, after a conviction and sentencing, you demonstrate good behavior while serving your sentence, the judge can reduce your sentence through good time credit.
Misdemeanor or Felony Probation
These are both available after a statutory rape conviction. The judge can sentence you to probation in place of jail or prison, depending on the circumstances of your case. In some cases, judges use a split penalty, ordering you to serve part of your sentence under work or house arrest and the rest in jail.
In other cases, the judge imposes a suspended punishment, whereby you serve your full sentence on probation, without jail or prison. However, this is subject to the condition that you honor all set probation terms and conditions. Examples of probation conditions you could receive during sentencing include the following:
- A mandatory requirement to abide by the terms of a court-issued restraining order
- An order to wear an electronic monitoring device to ensure that the police are aware of your whereabouts at all times
- An order to abide by a particular curfew
- Mandatory requirement to submit to drug or HIV/STD tests
- A requirement to pay restitution to your victim for medical bills and therapy
- A requirement to attend counseling
- An order to dedicate particular hours to community service
Misdemeanor probation can last for one to two years, while felony probation can last for up to five years. While under misdemeanor probation, you must make regular appearances in court to make progress reports. While under felony probation, you must meet regularly with a probation officer for progress reports. If you violate probation, the judge can change the terms or cancel it altogether and send you to jail or prison for the recommended period under the law.
Statutory Rape as a Strike
The Three Strikes Law categorizes serious or violent felonies as strikes. Statutory rape is considered a serious or violent felony if you is accomplished through force or violence or seriously injures the victim. A conviction for a strike is penalized differently, especially if you have a prior strike conviction on your record.
If statutory rape is your first strike, the penalties will be the same as those under PC 261.5. However, if you have a prior strike on your record, the judge will sentence you to twice the penalties provided under the law. If you have two prior strikes on your record, the third strike is punishable by 25 years to life in prison.
Loss of Gun Rights
A felony conviction in California will likely affect your gun rights. It takes away your right to use, purchase, or possess a firearm for life. Thus, if you face felony charges for statutory rape, you must fight them to protect your gun rights. If you lose your gun rights, you can only restore them through a governor’s pardon.
A Conviction’s Effects on Your Immigration Status
If you are an immigrant living in California, a statutory rape conviction can affect your immigration status. This is because statutory rape is a crime of moral turpitude. It goes against the norms of a society. This means you could be deported or deemed inadmissible to the United States after a conviction.
However, you can fight your charges with the help of a skilled attorney to convince the court to reduce or dismiss your charges. This will protect you from deportation or inadmissibility.
Other Consequences of a Statutory Rape Conviction
A criminal conviction will always leave you with a damaging criminal record. Since criminal records are publicly available in California, various areas of your life can be affected. For example, you could face difficulties finding suitable employment even after successfully serving your sentence. This is because most employers run background checks on potential employees before hiring. A conviction for a serious sex crime could ruin your chances of getting hired.
Landlords also run background checks before renting or leasing properties. A landlord may deny you a chance to live in their property because of your prior criminal record.
A conviction can also affect your eligibility for certain services, including insurance and credit services.
However, with proper criminal defense, you can avoid these severe consequences.
Civil Cases Involving Statutory Rape
Victims of statutory rape can file a lawsuit against their perpetrator for compensation for all damages incurred. They can do this in addition to filing a criminal case against the perpetrator. If this happens to you and the lawsuit is successful, you will be required to compensate the victim for all their damages.
However, this is more likely to happen if you (the perpetrator) are an adult. The penalties that the civil court imposes include the following:
- If the victim is less than two years younger, a $2000 fine may apply
- If the victim is at least two years younger, a $5000 fine may apply
- If the victim is at least three years younger, a $10,000 fine may apply
- If the victim is younger than 16 and you are at least 21 years old, a $25,000 fine may apply
Note that a civil court can grant the victim’s claim even if a criminal court has not found you guilty of statutory rape. This is because civil cases are usually decided on a preponderance-of-the-evidence standard. The victim only needs to prove that your actions cause them to incur specific damages, included in their claim. A victim can also file a lawsuit even if they did not file criminal charges.
If the lawsuit is successful, the victim can recover compensation for medical expenses, lost wages, psychological counseling, and pain and suffering. The civil court can also grant them punitive damages if there is evidence that you acted with gross or criminal negligence against the victim.
The Sex Offender Registry
A conviction for statutory rape can result in a requirement to register in the sex offender registry if there is evidence that you have an uncontrolled sexual compulsion. If the prosecutor can prove this, the judge can order you to register under Tier 1, Tier 2, or Tier 3, depending on the specific facts of your case.
Exceptions Available Under Statutory Rape Laws
Remember that statutory rape happens when a person engages a minor in sexual intercourse, and the minor is not their marriage partner. A major exception to this law applies when you are legally married to the victim. You can successfully fight your charges if there is proof that you were legally married to the victim when the alleged offense occurred.
Legal Defense Strategies Against Statutory Rape Charges
A conviction for statutory rape can result in life-changing penalties and consequences. In addition to a lengthy jail or prison sentence and a hefty fine, you could be left with a criminal record that will affect your life for years. That is why you should plan a strong defense to avoid a conviction. This can work very well if you engage a competent criminal defense attorney. Skilled attorneys employ various defense strategies during trial to convince the court to reduce or dismiss their clients’ charges. Here are some strategies that could work in your favor:
You Reasonably Believed that the Alleged Victim was an Adult
If you engaged in consensual sexual intercourse with a person you believed was an adult, you are not guilty of rape or statutory rape. The problem comes when it turns out that the person is actually a minor. If the person deceived you into believing that they were of legal age to consent to the sexual act, you can successfully fight your statutory rape charges. However, you must back your belief with evidence to convince the court to dismiss your charges.
Mistake of fact is a very common defense in criminal cases. You can argue that, other than looking mature for their age, the alleged victim lied to you about their age. You can back this up with evidence if there was an exchange of information about age and other personal details via email or text message. If the alleged victim had a fake ID, which is not unusual, you can mention it to the court as a valid reason why you believed they were an adult.
Note that a person’s general appearance alone is insufficient to conclude that they are an adult. You need additional proof, such as written documentation or verbal confirmation, that they were an adult.
You Did Not Engage in Sexual Intercourse
Statutory rape charges are only filed when there is sexual intercourse or penetration. You can fight your charges successfully if you prove that you did not engage in sexual intercourse with the victim.
In most cases, sexual penetration is difficult to prove by the prosecutor, mainly because it is the victim’s word against the alleged perpetrator. A skilled attorney can cross-examine the alleged victim to ensure that the truth comes out. If no sexual penetration happened, you are not guilty of statutory rape.
However, you can be charged with another sex crime for engaging in sexual acts with a minor. For example, they can charge you with sexual battery, sodomy, oral copulation with a child, or molesting a child. The exact charge depends on other details of your case.
You Are Falsely Accused
False accusations of statutory rape are possible, especially if there is someone who wants to hurt you, gain an advantage over you, or take revenge against you. The person can file false charges against you to make you pay for a crime you did not commit. The person can be the alleged victim, or someone else altogether.
False accusations are very dangerous because they can result in a conviction if you do not put up a solid defense. However, with the help of a knowledgeable attorney, you can successfully fight your charges to avoid a conviction.
Your attorney can use evidence to counter the prosecutor’s allegation. For example, they can use your alibi, or communications between you and your accuser to demonstrate that you did not commit the alleged crime.
Your skilled attorney can also look for loopholes in the prosecutors’ case to ensure that they do not meet the burden of proof. Remember that if this happens, the court will automatically dismiss your charges.
Lastly, a skilled attorney can question the credibility of the victim or your accuser. If there is evidence that your accuser has made similar allegations in the past or has made inconsistent statements, your attorney can use that to fight their claims.
Find an Experienced Criminal Attorney Near Me
If you or someone you know faces statutory rape charges in Los Angeles, hire a competent criminal attorney for advice and defense. This is a serious criminal charge, with conviction carrying life-changing penalties and consequences. An attorney will advise you on your options, fight for your rights, and develop the best defense strategy against your charges. At CCLG: Los Angeles Criminal Attorney, we have a team of skilled, experienced sex-crimes attorneys. They have mastered the law and always employ the best defense strategies to fight any allegation. We can use our expertise to convince the court to dismiss or reduce your charges. Call us at 323-922-3418 to discuss this further.
