Statutory Rape Laws and Penalties in California

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Statutory rape, by definition in California, is for the governance and protection of minors.

This charge encompasses unlawful sexual intercourse with a minor. In California, a minor is anyone under the age of 18. An individual under the age of 18 years isn’t legally capable of giving consent. Of course, this law is regardless of how physically, emotionally, or mentally mature he or she is or appears.

Additionally, the courts may convict anyone of any age this crime. Therefore, adults are not the only ones capable of arrest for statutory rape. It’s true, depending on the circumstances, even two minors involved in a relationship may find themselves under arrest.

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The Difference Between Rape and Statutory Rape

Knowing the above, it is clear the main differences between rape and statutory rape is age. Even if no force, threat, or duress occurs. In fact, this act is still a sex crime solely because of the age of the alleged victim.

Since 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.

Penalties for Statutory Rape Convictions

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.

There are three major categories of penalty in which this conviction falls:

  • First: A Misdemeanor Charge. When the accused is no more than three years older or younger than the alleged victim.
  • Second: Misdemeanor or Felony Charge. If the accused is more than three years older than the alleged victim. This misdemeanor conviction carries up to 1 year in county jail or state prison.
  • Third: Misdemeanor or Felony Charge. If the accused is 21 years old and has sexual intercourse with a minor younger than 16.  This misdemeanor conviction carries a penalty of up to 1 year in county jail. If it is a felony conviction, it carries 2 to 4 years in state prison.

An adult facing a statutory rape charge will likely also face further civil penalties. This person may be civilly liable for up to $2,000. Additionally, the punishments increase based upon age difference. For example,

  • If the minor is at least two years younger than the adult, the accused looks at up up to $5,000 in fines.
  • Furthermore, if the minor is at least three years younger, the accused may face up to $10,000.
  • Finally, if the accused is an adult over the age of 21, they face the most severe penalties. If this adult engages in an act of unlawful sexual intercourse with a minor under 16, they’re facing a $25,000 penalty.

The Importance of Criminal Intent

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 was once a strict-liability crime. This meant a defendant faced conviction of this crime even if they were genuinely ignorant. If a person did not know a factor which makes the act or omission criminal, it did not matter.

However, California now recognizes ignorance as a defense where the accused participated in a mutual, sexual act. This is true only if the defendant believed their partner was of legal age. Of course, the attorney must prove the accused has reasonable grounds for such belief. However, committing lewd or lascivious acts with a child under the age of 14 is still a strict-liability offense. (California Penal Code 288)

The experienced lawyers at The Kavinoky Law Firm dedicate themselves to help their clients defend against this devastating 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.

About Darren Kavinoky and The Kavinoky Law Firm

Darren Kavinoky receives recognition over and over for his commitment to clients and for being a top California defense lawyer. The Los Angeles Magazine repeatedly regards him as a Super Lawyer , and the American Trial Lawyers Association highlighted him as one of the Top 100 Trial Lawyers in California. Additionally, he is the legal analyst and special correspondent for the syndicated television program The Insider. He is also a popular guest on shows that include Entertainment Tonight, Dr. Phil, NBC’s Today Show, and various programs on CNN and the Headline News Channel. Follow Darren on Twitter @DarrenKavinoky or www.DarrenKavinoky.com.

Brianna Wilkins
Brianna Wilkins