In California, statutory rape charges fall under Penal Code 261.5 PC. This law makes it illegal to engage in sexual intercourse with a minor (a person under 18), regardless of consent. This crime is a wobbler; therefore, a prosecutor may charge you with a misdemeanor or a felony. This will depend on the circumstances surrounding your case.
If you or a loved one is facing statutory rape charges, you want to retain the services of an experienced criminal defense lawyer. At the Law Offices of Anna R. Yum, we have lawyers ready to work with you in building solid defenses that could result in a favorable outcome for your case. Contact us today if you are facing statutory rape or related charges in San Diego.
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An Overview of Statutory Rape
Statutory rape is defined under Penal Code 261.5 as a crime that occurs when you engage in sexual intercourse with someone who is under 18. This law also states that consent does not determine whether you are guilty. It does not matter if the minor consented, initiated the sensual activity, or if they seemed eager. Legally, minors cannot give consent for sexual activities. What matters is the age of the minor.
Elements of PC 261.5 That A Prosecutor Must Prove
To convict someone of statutory rape under Penal Code 261.5, the prosecutor must prove certain elements beyond a reasonable doubt to present a compelling argument in court. These elements include the following:
- You engaged in sexual intercourse. The prosecutor must show that sexual intercourse took place between you and the alleged victim.
- You had sexual intercourse with someone under 18. The prosecution must establish that the alleged victim was under 18 years old at the time of the intercourse through birth certificates, school records, or other official documents that confirm the minor’s age.
- You were not married to the minor when the sensual activity occurred.
- The age difference between you and the alleged victim. Your age difference can impact the allegations the prosecution charges you with.
The prosecution is not mandated to prove whether you used force or not while engaging in sensual activity with the minor or whether the child did not consent. They only have to prove that you engaged in sensual activity with a child who is not your spouse.
Definition of Sexual Intercourse
Under Penal Code 261.5, sexual intercourse occurs when there is any amount of vaginal penetration, no matter how slight. This means that even minimal penetration qualifies as sexual intercourse under the law. You are guilty even if you did not ejaculate.
At What Age Can One Legally Consent to Sensual Activities in California?
In California, the age of consent is 18. This means that anyone under the age of 18 is not legally able to consent to sexual activity as they are deemed not mature enough. If you engage in sensual activities with a child, therefore, you could face statutory rape charges.
How is Age Determined in California?
You are deemed one year older in California when the clock strikes 12:01 am during your birthday. The prosecution will use official documents such as birth certificates, government-issued IDs, or school records to establish the minor’s age. They will then determine the age difference between you and the alleged victim, which can influence your charges and potential penalties.
For example, Adam is a 24-year-old law student who knows the specifics of PC 261.5. He is in a relationship with Eve, who is 17. They decided to wait until Eve turned 18 and engage in sexual intercourse on her birthday.
Eve was born on February 15, and on February 14, they decided to check into a hotel room and engaged in sensual acts as soon as the clock ticked 12:01 am. Here, Adam did not violate PC 261.5, as Eve had already turned 18 when they engaged in sensual acts.
Can Minors Be Charged with Statutory Rape?
Yes, a minor can be charged with statutory rape in California. If you are both under 18 and you engage in sexual intercourse, you could face statutory rape charges and be tried in a juvenile court. This is done to ensure that you are not exploited or subjected to harmful situations regardless of your actions or those of your peers.
Statute of Limitation For Statutory Rape
A statute of limitation is the period within which the prosecution must file charges for a particular offense. Charges cannot be pursued if they are not filed within this time frame.
For misdemeanor charges of statutory rape, the statute of limitations is one year. This means that the prosecution must file charges against you within one year from the date the alleged crime occurred.
For felony charges, the statute of limitations is three years. This provides a longer period for the prosecution to bring charges against you. This could be a strong defense point if you believe that the statute of limitations has expired on your alleged offense.
However, there are certain exemptions where the statute of limitations can be extended. For example, if new evidence, such as DNA, is found, the countdown could begin once again, giving the prosecution more time to gather more evidence against you.
Punishment for Penal Code 261.5 Violations
In California, statutory rape is classified as a wobbler. You could be convicted for having committed a misdemeanor or felony based on the specifics of your case, such as the age difference between you and the alleged victim’s age and the nature of your relationship.
The prosecutor is tasked with the burden to prove your exact age to determine the level of the offense, and thus, the penalties you could accrue if convicted include the following:
- You could be charged with a misdemeanor if you are less than 3 years older than the minor.
- If you are more than 3 years older than the minor, you could be charged with a misdemeanor or a felony.
- If you are more than 10 years older than the child, you could be charged with a felony.
- If you are 21 and above and you engaged in sensual activities with a minor under 16, the felony sentencing and penalties will be more severe.
For example, David, 19, engages in sexual activities regularly with Cynthia, who is 17. Here David is guilty of a misdemeanor statutory rape. The age difference between them is just 2 years.
Misdemeanor Penalties
If the age difference between you and the victim is less than three years, the statutory rape charge is treated as a misdemeanor. If convicted, you could face upto 1 year in jail and or be required to pay a fine of up to $1000. You could also be sentenced to serve probation time in lieu of jail time. During probation, you will be required to attend mandatory counseling and do community service.
Felony Penalties
If you and the victim have an age difference of more than three years or there are other aggravating factors, the charges can be elevated to a felony. Felony penalties are more severe. You could be sentenced to serve formal probation and jail time of up to 1 year.
You could also face up to sixteen months, two or three years in prison. However, if you are 21 years or older and your victim is under 16, you could face even more severe penalties. If convicted, the judge could sentence you to serve up to two, three, or four years in prison and pay fines of up to $10,000.
Civil Penalties for PC 261.5 Violation Conviction
You could face additional punishment once a minor or their parent files a civil lawsuit against you seeking payment for damages caused. Some of the damages you will be required to pay include the following:
- Medical Expenses
- Psychological counseling costs
- Emotional damages
- Psychological damages
- Loss of income
- Punitive damages
If found guilty, the penalties include the following:
- If you and your victim had an age difference of less than two years, you could be sentenced to pay up to $2000.
- If you and the alleged victim had an age difference of two years, you could be penalized with a fine of up to $5000.
- If your age difference was three years, you could be punished by paying a fine of up to $10,000.
- If you were twenty-one or older and the minor was under sixteen, you could be sentenced to pay a fine of $25,000.
You should also know that the consequences of having sexual intercourse with a minor can be life-altering and are not limited to civil and criminal penalties. You could face a backlash from your community, affecting your relationships and reputation.
Legal Defenses to PC 261.5 Violation Accusations
Penalties for statutory rape are very severe and can be overwhelming. You, therefore, want to seek the legal counsel of an experienced attorney who will help you build a strong defense to dismiss or lower your sentence if arraigned in court. Some of the defenses to statutory rape accusations include the following:
You Believed That Your Alleged Victim’s Age was 18 and Above
You could argue in court that you were led to believe that the person you engaged in sexual intercourse with was 18 or older. Your lawyer could help you prove your innocence by presenting evidence such as text messages sent to you by the victim claiming that they were of legal age, social media interactions, or testimonies from eyewitnesses who can vouch for you and confirm that the minor misrepresented their age.
You could also present pictures of what the minor wore that made you believe they were over 18. You could also argue that you met them at a club or a party that only allowed people of legal age to enter.
For example, Anthony meets Lucy at a party that requires one to show their ID to prove that they are 19 and above before being allowed to enter. They talk, and after some time, Lucy shows her driver’s license to purchase a drink, which shows she is 21. However, it is fake. Once the party is over, Lucy accompanies Anthony to his place, and they engage in sexual intercourse.
Later, Anthony discovers that Lucy is 16 years old. Here, Anthony is not guilty of statutory rape and can present the fake ID as evidence. His lawyer can also argue that he thought she was of legal age because of the adult venue they met at.
However, your argument must be reasonable under the circumstances of your situation. You cannot be convicted if the minor presented themselves as older or if there were valid reasons to believe they were of legal age and you unknowingly had sex with them.
You Did Not Engage in Sexual Intercourse
You cannot be convicted of statutory rape if you did not engage in sexual intercourse with the alleged victim. Penal Code 261.5 requires vaginal penetration, no matter how slight, to constitute statutory rape. If the prosecution accuses you of engaging in sexual activities with a minor, but there is no evidence of penetration, you could use this loophole as a defense.
If you can prove that there was no penetration, you could have your charges dismissed. Sexual activities such as kissing, oral sex do not qualify as vaginal penetration. For example, Dennis, 21, engages in oral sex with his girlfriend Hannah, who is 17. Here, Dennis is not guilty of statutory rape, as there was no vaginal penetration while they were engaging in sexual acts.
Your lawyer could present evidence such as text messages, CCTV footage, videos or pictures, statements from witnesses who can confirm that you did not engage in sexual intercourse with the alleged victim, medical examinations that can prove that there was no penetration, or expert testimony that can demonstrate that no vaginal penetration occurred.
False Accusations
False accusations of statutory rape can arise for various reasons, including revenge from an ex-partner, misunderstandings, or jealousy. If you can assert that you are a victim of false accusations, you could have your charges dismissed.
You could argue that the alleged victim or another person had a motive to accuse you falsely. You could present evidence of personal conflicts with the plaintiff that could show that they wanted to seek revenge, manipulate a situation, or are jealous.
Your lawyer could also help you present a strong alibi that shows you were not present at the location where the alleged incident occurred, as well as witness statements or security footage, which can also help establish your whereabouts.
Your attorney could also cross-examine the plaintiff or scrutinize voicemails and text messages to highlight inconsistencies in their statements, which could weaken the prosecution’s case against you.
You are Legally Married to The Minor
You cannot be convicted of statutory rape if you engaged in sexual intercourse with your spouse, even if they have not yet reached the legal age. This is because you are already married to a minor, and everything you do in marriage is legal.
California law recognizes the marriage of someone who has not reached 18. You can enter into marriage with someone if you have consent from their parents or through judicial approval. You are, therefore, allowed to engage in sexual intercourse once you get married.
Your lawyer could help you argue that you are not guilty by presenting evidence such as a valid marriage certificate testimony from family members or friends who can verify the legitimacy of your marriage. With such evidence, you could have the statutory rape charges against you dismissed.
The Victim is Actually Over 18
You can only be convicted for statutory rape if the alleged victim is below 18. However, if your lawyer can prove that the alleged victim was above 18 at the time the sexual intercourse occurred, you could have the charges placed against you acquitted.
Your attorney could present evidence such as a birth certificate, driver’s license, school records such as transcripts, or a state ID confirming the alleged victim’s age. Witnesses can also verify the victim’s age at the time of the incident. If it is proven that the alleged victim was 18 and above when the offense occurred, the judge will dismiss the charges and declare you not guilty.
However, you cannot use consent as a defense in statutory rape cases. This is because minors in California are considered not capable of legally giving consent.
Registration as A Sex Offender
You are not required to register as a sex offender in California even if you are found guilty of having committed statutory rape. However, a judge could penalize you to register as a sex offender if you engaged in sexual intercourse with a minor due to uncontrolled sensual compulsion.
In such a case, you will only be required to register as a sex offender while you serve probation time. Once you have fully served probation time, you will not be required to register as a sex offender.
Exceptions for Statutory Rape Cases
There are exceptions under California PC 261.5 where statutory rape law may not apply or where charges against you can be mitigated. They include the following:
Marital Exception
If you and the minor are legally married at the time of the sexual intercourse, you cannot be convicted under PC 261.5. California law recognizes that a minor can be lawfully married through parental or judicial approval. Therefore, in such cases, you cannot be found guilty of statutory rape as the minor is your spouse.
Reporting Delay
If your victim delays reporting the incident for an extended period, and the statute of limitations has expired, you could use this loophole as your defense. The law requires that a lawsuit is filed against you within one year for misdemeanor charges or within three years for felony charges. If the prosecution fails to file a criminal suit against you within this time frame, they cannot file statutory rape charges against you afterwards.
Related Offenses to Statutory Rape
In addition to statutory rape under Penal Code 261.5, there are several other related offenses that you could face. This means that the judge could sentence you to serve time in jail concurrently with or instead of statutory rape if you are found guilty of these related offenses:
Rape (PC 261)
Under Penal Code 261, rape occurs when you have non-consensual sexual intercourse with someone accomplished through force, fear, or threats. It is categorized as a felony. Unlike statutory rape, consent can be used as a defense, and you are also required to register as a sex offender.
You can face rape charges in addition to or instead of statutory rape if there are aggravating factors surrounding your case. If convicted of rape, you could face up to 3,6 or 8 years in prison. Also, like statutory rape, your rape allegations can be stemmed from jealousy, revenge, and false accusations.
Lewd or Lascivious Acts with a Minor (PC 288)
Penal Code 288 defines lewd or lascivious acts with a minor as inappropriate touching of the body of a minor under 15 or 14 with the intent of arousing or gratifying your sexual desires. These acts could include fondling or molesting the child. Penalties for PC 288 violations are more harsher than those of statutory rape.
Unlike statutory rape, a PC 288 violation does not require vaginal penetration as an element to prove that you are guilty. It is also classified as a felony, and if convicted, you could face up to 8 years in prison and register as a sex offender for life.
Defendants often prefer to plead guilty to statutory rape if accused of PC 288 violation so that they can avoid being sentenced to register as sex offenders for life.
Find a Sex Crimes Defense Attorney Near Me
Facing statutory rape charges can be overwhelming. You, therefore, want to retain the services of a skilled criminal defense attorney. Your lawyer can explain the charges against you simply, helping you understand your situation clearly.
Your attorney will also help you gather concrete evidence that will help you build solid defenses. You, therefore, want to hire a lawyer who has experience defending defendants accused of statutory rape, and their track record shows that they have had positive outcomes while representing those defendants.
At Law Offices of Anna R. Yum in San Diego, we are dedicated to defending individuals against statutory rape charges. We have a team of lawyers ready to work with you and help compel the judges of your innocence. Do not stress yourself by looking for evidence. Contact us today at 619-493-3461 so that we can review and work on your case.