Many teenagers are sexually active, and most of them feel at ease being in spaces where adults often frequent. This results in circumstances where otherwise law-abiding persons find themselves in conflict with the law like engaging in sexual contact with these minors.

In California, it is unlawful to have sexual relations with anyone under the age of 18. This is described as "statutory rape" under California Penal Code 261.5. Statutory rape can result in severe criminal sanctions. Sentences can be up to three years in prison per count, with the personal effects of a statutory rape charge lasting far longer. This is because those convicted of statutory rape are widely viewed as "predators" willing to exploit young children. This results in jobs being lost, broken relationships, and increased emotional stress for anyone accused of this crime.

If you are facing statutory rape charges in Santa Ana, CA, you can contact the California Criminal Lawyer Group. Our attorneys will help defend you against these serious charges.

What is Statutory Rape?

Statutory rape is defined as non-forced sexual relations between an individual who is considered an adult and a minor under the age of consent. It is critical to be aware of the state's statutory rape rules particularly before participating in any sexual engagement with a person whose age you are uncertain about. Otherwise, you risk being charged with a criminal offense, which can have grave long-term repercussions.

In California, it is possible to be prosecuted with statutory rape even though both individuals fully agreed to and indulged in sexual intercourse. Statutory rape charges are distinct from those for other sex offenses such as rape and sexual assault.

The statutory age of consent varies by state, just like the penalties for different forms of sex offenses. Generally, the age of consent throughout the country is between 16 and 18 years old.

Additionally, some jurisdictions have opted to incorporate further distinctions if the adult party has a status of authority or trust over the minor. In California, for instance, the age of consent is 18 years, making sexual relations with anybody below 18 unlawful unless they're lawfully married.

Statutory Rape Under California Laws

Statutory rape is defined in California PC 261.5 as when someone over the age of consent engages in sexual intercourse with someone who is below 18 or the age of consent. Most states have "Romeo and Juliet" statutes that make it permissible for a minor to engage in sexual intercourse with someone over the age of consent provided they're close in age. However, there is no "Romeo and Juliet" statute in California.

The prosecution must prove beyond a shadow of a doubt the following facts (also referred to as "elements of the crime") to prosecute you under California PC 261.5. They include :

  • The accused engaged in sexual intercourse with someone else (sexual intercourse is defined as any degree of sexual penetration, no matter how minimal even though no ejaculation occurred
  • The individuals who were engaged in the act weren't married when the act happened (the knowledge that the individual below the age of consent is married to somebody else or was married does not exempt the minor from culpability for this crime)
  • The purported victim was below 18 at the moment of the crime

It is crucial to bear in mind that the prosecution is not required to demonstrate that force was employed to have sexual intercourse, and also that the purported victim didn't consent to the sexual intercourse. That's the striking distinction to regular rape under the California laws, whereby the lack of consent is the defining feature of the offense.

How is Age Ascertained?

A person is considered to be a year older at exactly 12:01 AM on their date of birth under California law.

The ages of the individuals are important when it comes to imposing sentences. The potential consequences for illegal sexual intercourse with a minor are determined by the "victim's" age as well as the age gap between him or her and the accused. As a result, the prosecution will be forced to demonstrate the age of the parties when the act happened.

It's vital to understand that you might be accused of a violation of Penal Code 261.5 even if you're a minor, that is, below the age of 18 at the time when the intercourse happens. This may appear strange. because in this scenario, the accused is essentially a "victim." However, it is the law.

In California, most prosecutors do not prioritize prosecuting teens who have sexual intercourse with other teenagers. However, that doesn't rule out the possibility of being sentenced. A Penal Code 261.5 case involving a child defendant will almost certainly be heard in a California juvenile court.

It should also be noted that the statute of limitations for Penal Code 261.5 offenses is a year for a misdemeanor charge and three years for felony charges.

What are the Penalties under Penal Code 261 PC?

California Penal Code 261.5 PC, as described earlier, is a wobbler offense. That means it could be prosecuted as a felony or a misdemeanor.

The following are three factors that influence how the offense is prosecuted as well as the possible penalties:

  1. Violation of Penal Code 261.5 is always treated as a misdemeanor when you're not more than three years older than the purported victim
  2. If you're more than three years older than the purported victim, then the crime could be prosecuted as a felony or a misdemeanor
  3. If you're or above twenty-one and the purported victim is below the age of sixteen at the moment of the sexual intercourse, you could face a felony or a misdemeanor

However, the potential criminal penalties are more severe than in the scenario mentioned in 2 above.

If the list above applies to you, the District Attorney will evaluate the details of your case as well as your criminal background when assessing whether to prosecute you with a felony or a misdemeanor.

Misdemeanor Statutory Rape Penalties

If you have been convicted of misdemeanor statutory rape for any of the conditions listed above, you could face the following penalties:

  • Informal probation (sometimes referred to as summary or misdemeanor probation)
  • A penalty of one year in county jail, and/or
  • Fines of up to a thousand dollars

Felony Statutory Rape Penalties

The following are the penalties for statutory rape charged as a felony:

  • Probation (either formal or informal probation) for a maximum of one year in county jail
  • Sixteen months, two years, or three years in prison

Except if the accused was or above 21 years while the victim was below the age of 16, in which the possible penalty is two, three (3), or four years.

  • Fines of up to ten thousand dollars

California Civil Penalties for Illegal Intercourse

On top of the aforementioned penalties, an accused charged with the violation of Penal Code 261.5 could also incur civil penalties. Civil penalties are non-criminal charges that may be imposed along with serving time or incurring criminal penalties. Only adult offenders (those aged 18 and above) can be ordered to incur these penalties.

Civil sanctions are determined by the parties' age difference. The potential penalties are as follows:

  • Two thousand dollars fines when the alleged victim is two years younger than the accused
  • A five thousand dollar fine if the purported victim is approximately two years younger than the accused
  • A ten thousand dollar fine when the alleged victim is approximately three years younger than the accused, and
  • Twenty-five thousand dollars when the alleged victim was below the age of sixteen and the criminal was above the age of twenty-one

Is Sex Offender Registration Required in this Case?

Fortunately, if you have been charged with statutory rape, you will not be mandated to register as a sex offender under California's existing laws. However, some related crimes, such as rape or lewd, indecent, or lascivious acts with a minor necessitate sex offender registration.

Legal Defenses to Penal Code 261.5 Statutory Rape

When accused of a possibly serious felony, like statutory rape, you require a sex crimes lawyer who will defend you by employing an aggressive statutory rape defense plan. There are numerous defenses at hand that can lead to your charges being dismissed or reduced.

Below are some strong defenses that our California Lawyer Criminal Group attorneys can make for you:

Honest Belief That the Victim was or Above 18 Years Old

You will not be convicted of Statutory Rape if you had an honest belief that the plaintiff was above 18 years of age. This is an intuitive judgment in which the jurors will decide whether you thought the victim was at least or above 18 or older at the moment when you engaged in the sexual act. In addition, the jury will decide whether your assumption was genuinely reasonable. To put it another way, a rational individual in your situation would have assumed that the victim was at least 18 years old. The court will assess the victim's overall appearance as well as any remarks he or she said that led you to conclude that he or she was a grownup.

You did not have Sexual Relations with the Victim

You can't be found guilty of statutory rape if you did not have sexual relations with the alleged victim. This offense necessitates some type of penetrative sex. As a result, kissing, cuddling, or oral sex is not enough to find you guilty of this felony. The prosecutors often pursue statutory rape allegations based on unsubstantiated information or hearsay. Your defense attorney can assist you in discrediting the prosecutor's witnesses and demonstrating to the court why the accusations leveled against you are unwarranted.

You were Married to the Victim

You cannot be charged with statutory rape if you are legally married to the plaintiff, even though he or she was under the age of 18 when you had sexual intercourse. In California, it is acceptable for a person below the age of 18 to marry or get married to an adult when he or she has parental or legal permission. If you had been legally married to the purported victim when the incident occurred, your lawyer can submit proof and documents of your lawful marriage to demonstrate that you are innocent.

The victim wasn't a Minor

You cannot be charged with statutory rape if the purported victim wasn't a minor when you engaged in sexual intercourse. Because the victim's age is an important aspect of this offense and could influence your conviction and penalties, your lawyer can carry out a comprehensive investigation to establish the victim's genuine age as well as when the purported event occurred. You can't be charged with statutory rape if the alleged victim was above 18 years you had sexual intercourse.

Consent Of Minor is not an Acceptable Defense

Under California PC ยง 261.5, consent is not a defense to bring against statutory rape charges. A minor below 18 years is not able to give legal consent under the law because of their incapacity to grasp the implications and consequences related to such decisions. As a result, even when the victim agreed to the act, it will not be a defense to an accusation of statutory rape when he or she was below 18 years when the act happened.

Related Offenses

Various sex crimes in California are related to California's Penal Code 261.5:

Penal Code 288 Performing lewd or lascivious acts with a child

The offense of "lewd acts with a minor under PC 288 occurs when someone touches a minor who is or below 14 years (and 15 years or below in specific situations) on his or her body for sexual pleasure. Unlike Penal Code 261.5, many lewd activities with a child (commonly referred to as child molestation) are always felonies, punishable by up to 8 years in state prison.

Additionally, anyone found guilty of performing lewd or lascivious acts on a child under PC 288 is required to register themselves as a sex offender under PC 290. (Failing to register as a sex offender is a different felony under PC 290.) If you perpetrate a lewd act on a minor who is 14 years or younger (or 15 or younger in some situations), the prosecution will bring charges under Penal Code 288.

You can be charged with the offense when you perform the acts even over his or her clothes with the intention of exciting, appealing to, or fulfilling your or the minor's appetites, passions, or sexual urges This offense does not need to entail sexual intercourse.

Even though it appears that a person who violates Penal Code 261.5 with a minor below the age of 14 could also violate Penal Code 288, this is not always the case. Penal Code 261.5 primarily necessitates a general intention to engage in sexual activity with a child. Penal Code 288, on the other hand, necessitates a deliberate purpose to "gratify or arouse passions, lust or sexual desires.

Because statutory rape is a lesser crime than performing indecent acts with a minor under PC 261.5, it is frequently utilized as a plea deal for persons who are originally accused of child molestation to evade registration as a sex offender.

Rape Under Penal Code 261

If you have sexual intercourse with someone else without their consent and you do that through threats, intimidation, or deception, you are violating California's PC 261 a, laws on rape. It is in contrast with the offense of statutory rape under PC 261.5 PC in which the issue of whether the purported victim agreed is insignificant.

Rape offenses are always treated as felonies that can result in a maximum of eight years in state prison. It is also considered a "strike" under the three-strikes law. In most situations, as a tier-three perpetrator, you must register as a sex offender for the rest of your life.

California rape, like statutory rape, is sometimes accused as an outcome of false allegations driven by vengeance, envy, or a strained relationship. If a previous girlfriend or even boyfriend you once dated when he/she was below the age of 18 files rape accusations against you, you could be charged with both statutory rape as well as PC 261 rape.

A qualified criminal attorney is necessary to defend you in this case. He/she can assist you in fighting both allegations. Alternatively, seek to have the rape accusations dropped so that you'll be less likely to receive a felony conviction and evade the sex offender registration obligation.

It should be noted that California does not have 1st or 2nd-degree rape.

How Do Statutory Rape Lawsuits Work in California?

The minor doesn't have to view themselves as a victim for the prosecution to initiate a statutory rape charge. Parents of minor children may pursue the charges in some situations, but it is entirely up to the district attorney to assess if the case requires legal action. In California, particular criteria are frequently utilized for making this call. For many statutory rape incidents, the victim and the offender are usually at least five years apart in age, and variables like alcohol and drug usage, mental immaturity, or partner violence are prevalent. The legislation also adds more significance to any case in which the grownup, like a teacher, or a pastor influences the minor.

Personal Injury Compensation for Statutory Rape Cases

Persons who feel they have sustained damages because of a Penal Code 261.5 offense have the option of initiating a sexual assault case. The accused doesn't have to have been found guilty during his or her criminal case.

During a civil lawsuit, the burden of proof is only a preponderance of the evidence.

When there is an allegation of rape in a hearing, the case passes through a two-step process. Firstly, the prosecutor must establish rape in a criminal court of law. After that, a court decides on an appropriate penalty for the offense. Following a rape conviction, the case is transferred to civil court.

Here, the victim can seek restitution from the criminal and also those persons whose negligence could well have aided the offense. Since most cases of statutory rape charges are charged as misdemeanors or the sexual interactions are consensual, the victims usually get personal injury damages for this allegation.

However, there will always be exceptions, and unusual cases might result in personal injury compensation for the victim, most notably where a minor was persuaded or compelled to engage in sex by somebody older and requires counseling to comprehend the act.

Getting pregnant as a result of statutory rape is probably the most common element influencing if a victim gets compensatory damages. Even when there are no additional aggravating factors, if a child was born as a result of statutory rape, he/she is eligible to maintenance from the paternal parent. Statutory rape cases that cause emotional distress and necessitate therapy may deserve reparations to cover the victim's mental medical care.

In addition, if the judge determines that a person or institution should have safeguarded a plaintiff and did not do so, that institution could be held accountable for suffering, emotional pain, as well as treatment.

What Kind of Evidence Must Be Provided in a Statutory Rape Case for You to be Convicted?

In certain cases, getting a statutory rape sentence is as clear-cut as providing credible victim testimony. However, when there is hard evidence, for example, DNA or pregnancy, the evidence will be much stronger and simpler to prosecute.

Whenever there is official proof of an adult admitting to having intercourse with a teenager, that information is acceptable as evidence if lawfully collected. Statutory rape can be a misdemeanor violation with no obligation that the offender registers as a sex offender, particularly if no proof of coercion exists.

Nonetheless, it is critical to note that a zealous prosecutor might construct a compelling case even if you were unaware that you had violated any laws.

Find a Santa Ana Sex Crimes Defense Attorney Near Me

If you have been charged with statutory rape or any other sex crimes offenses, it is highly advised that you consult an expert sex crimes lawyer to assist you in navigating this serious and complicated legal situation. It is critical to pick a professional who is equipped to handle the specifics of your case.

At the California Criminal Lawyer Group, our sex crimes attorneys can assist you in ensuring that your rights and freedoms are safeguarded throughout the court proceedings. During this period, we will collaborate with you to develop a case-specific defense plan that is tailored to your circumstances. Call us at 714-844-4151 today to speak to one of our representatives.