![]() To learn more, call our Los Angeles criminal defense law firm at 21 or visit our contact us page to send us an email.The age of consent in the state of California is 18 years old. Anything you say without a lawyer could impact your chance of beating statutory rape charges. ![]() Instead, call a Los Angeles statutory rape attorney immediately. Do not contact the alleged victim or other parties. If the police arrest you on statutory rape charges, do not answer questions or make a statement. Where you met the person, their general appearance, statements made by the alleged victim, and other evidence may support a mistaken age defense. Mistaken AgeĪ mistaken age defense argues that you honestly believed that the alleged victim was 18 years old or older when you engaged in sexual intercourse. Your attorney may attack the evidence as insufficient or incorrect. The prosecutor has the burden of proving you engaged in sexual intercourse with the alleged victim. No Sexual Intercourseįor statutory rape to occur, you and the minor must have had sexual intercourse. Likewise, a minor may falsely accuse an adult of statutory rape if they are angry with the adult. For example, false allegations of statutory rape may be used to seek revenge against an ex-boyfriend or ex-girlfriend. Unfortunately, a minor may claim that you had sex with them when that was not the case. Minors who are legally married can engage in consensual sexual relations, even when one or both parties are under the age of 18 years. Your attorney may develop a defense strategy using one or more of the following arguments: You Are Married to the Alleged Victim Four Common Defenses to Statutory Rape Charges in Los Angeles There could be one or more defenses to statutory rape that could prevent you from going to jail. Jail sentence between one year to three years (four years if you are over 21 years old and the alleged victim is under 16 years old)Įven though the state charges you with statutory rape, it does not mean you are guilty.The punishment for felony statutory rape is: The punishment for misdemeanor statutory rape is: If you are 21 years old or older and the alleged victim is under 16 years old, the state charges you with felony statutory rape. If you are more than three years older than the alleged victim, the prosecutor may charge you with a misdemeanor or a felony. However, statutory rape is a wobbler offense. Generally, if the age difference between you and the alleged victim is no more than three years, you are charged with a misdemeanor offense. Therefore, you could be charged with statutory rape even if you are under 18 years old. What Are the Penalties for Statutory Rape in California? If you are 18 years old and they are 17 years old, you committed statutory rape according to the law. Your boyfriend or girlfriend can tell the police, their parents, and the prosecutor that they initiated sex with you, but it would not matter. You were not legally married to the alleged victim when you engaged in sexual intercourse.The alleged victim was under the age of 18 years when the sexual intercourse occurred AND,.You had sexual intercourse with the alleged victim (any amount of penetration counts as sexual intercourse).The state can prove statutory rape charges by proving each of the following legal elements: Furthermore, it also does not matter whether the minor consented to intercourse. The law applies to both males and females. No, it does not matter whether the boy or girl is a minor. Does it Matter Whether the Boy or Girl is Older? Therefore, if a person is under 18 years old, they cannot give consent to have sexual intercourse. The age of consent for sexual relations in California is 18 years of age. However, California does not have a Romeo and Juliet law. Some states allow minors to consent to sexual intercourse if both individuals are close in age and are minors (i.e., Romeo and Juliet laws). The age of consent is the age at which a person can give meaningful consent, such as the consent to engage in sexual relations. The age of consent is different from when a person is considered an adult for other purposes, such as voting or serving in the military. What is the Age of Consent in California? Therefore, you may date someone who is 17 if you are 18 years old, but if you have sexual relations with that person, you could face a sex crimes charge. However, if an adult has sexual relations with a minor, the adult can be charged with statutory rape. ![]() California does not set a minimum age for someone to date within the state legally.
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