Statutory Rape

Statutory rape, in California, is defined as unlawful sexual intercourse with a minor, which in this state is anyone under the age of 18. This is because an individual under the age of 18 years isn’t legally capable of giving consent, regardless of how physically, emotionally or mentally mature he or she is or appears to be. It must be noted that anyone can be charged with this crime, not just an adult. Depending on the circumstances, even two minors involved in a relationship can be guilty of committing this crime, depending on the age of the respective parties. One of the main differences between statutory rape and rape is that statutory rape is illegal even if no force, threat or duress was involved – it is a sex crime solely based on the age of the alleged victim. Because statutory rape offenders face a haunting social stigma and serious penalties, it is imperative that the accused hires a qualified criminal defense lawyer as quickly as possible so that the attorney has an opportunity to develop the most effective defense possible. The skilled criminal attorneys at The Kavinoky Law Firm have mastered this difficult field of law and know what it takes to successfully defend their clients.

The penalties that are imposed in connection with a statutory rape conviction will vary, depending mostly on the age of the accused and on the age of the alleged victim. A misdemeanor will be filed when the accused is no more than three years older or younger than the alleged victim. If the accused is more than three years older than the alleged victim, the crime may be charged as either a misdemeanor or as a felony, punishable by up to one year in county jail or state prison. If the accused is 21 years old and has sexual intercourse with a minor who is younger than 16, the offense may be charged as a misdemeanor, punishable by up to one year in county jail or as a felony, punishable by two, three or four years in state prison.

Civil penalties may additionally face an adult who is accused of statutory rape. Such an individual who engages in an act of unlawful sexual intercourse with a minor less than two years younger than he or she, may be civilly liable for up to $2,000. If the minor is at least two years younger than the adult, the accused may face civil liability up to $5,000. If the minor is at least three years younger than the adult, the accused may be fined up to $10,000, and if the accused is an adult over the age of 21 and engages in an act of unlawful sexual intercourse with a minor who is under 16, he or she may be liable for a maximum $25,000 penalty.

The primary defense in a statutory rape case will be a lack of criminal intent, where the accused reasonably believed that the alleged victim was over the consenting age. Statutory rape used to be a strict-liability crime, which meant that a defendant could be convicted of this crime even if he or she was genuinely ignorant of one or more of the factors that made his or her act or omission criminal. However, California now recognizes a defense where the accused participated in a mutual act of sexual intercourse, believing his or her partner to be of legal age with reasonable grounds for such a belief. It should be noted that committing lewd or lascivious acts with a child under the age of 14 (California Penal Code 288) would still be prosecuted as a strict-liability offense.

The experienced lawyers at The Kavinoky Law Firm are dedicated to helping their clients defend against this devestating charge. Their excellent legal advice and outstanding representation are available to those in need of a California sex crime defense attorney, and they have law offices in Los Angeles and throughout the state. Contact the firm today for a confidential, free case evaluation.