Being accused of statutory rape can be frightening and stressful, causing you significant anxiety regarding your future. If you should find yourself facing these charges, be aware that the penalties and consequences are severe. You need someone who will advocate strongly on your behalf, helping you through this difficult time and fighting for the best possible outcome. You need a Riverside statutory rape defense lawyer from Greenberg, Greenberg & Kenyon.
Fact: You can be convicted of statutory rape even if intercourse was consensual. Even worse, you could be placed on the sex offender registry and may face lasting consequences associated with the stigma of a sexual predator. If you have been arrested or charged with statutory rape in Southern California, you need an experienced Riverside statutory rape lawyer to protect your rights, reputation, and freedom.
Riverside Statutory Rape Defense Lawyer
Contact Greenberg, Greenberg & Kenyon in Riverside, California, for a free initial consultation. We defend clients charged with sex offenses in Riverside, San Bernardino, Los Angeles, and Orange Counties.
Statutory rape (unlawful sexual intercourse) with a minor under the age of 18 is a very serious allegation. Misdemeanor or felony charges can be pursued, depending on the age difference between the individuals. Without a veteran statutory rape attorney to fight the charges, you could face years in prison and could have a permanent criminal conviction on your record.
What Is the Statutory Rape Law in California?
Under California Penal Code Section 261.5, statutory rape occurs when a person has sexual intercourse with a person under eighteen who is not the person’s spouse. The penalties for a conviction of statutory rape will depend on the defendant’s age and the age of the victim. As an example, if the defendant is over the age of 21 and the other person is under the age of sixteen, the older person could be sentenced to four years in state prison and fines as large as $25,000. Statutory rape is considered a “wobbler” crime, meaning a person charged with the crime could be charged with a misdemeanor or a felony.
Under Penal Code Section 261.5, the prosecutor must prove that the defendant had sex with another person who was not their spouse and who was younger than 18. Charges of Statutory Rape of a Minor Within Three Years of Your Age involve sexual intercourse with another person who was not your spouse, was not 18, and was not more than three years younger than the defendant. A conviction for this offense could result in up to six months in county jail. A conviction for Having Sex with a Minor More Than Three Years Younger can result in up to three years in the state prison.
Under the offense of Statutory Rape of a Minor Younger than Sixteen When You are Twenty-One or Older, the prosecutor must prove sexual intercourse occurred, the two individuals were not married, the defendant was 21 or older, and the other person was younger than 16. If convicted of this crime, the person who is 21 or older could face up to four years in state prison and a fine as large as $10,000.
Civil penalties may also apply following a statutory rape conviction. A conviction for statutory rape of a minor within two years of the defendant’s age can result in an additional fine of $2,000. If the minor is at least two years younger than the defendant, the fine increases up to $5,000. If the minor is at least three years younger than the defendant, the fine increases up to $10,000, and if the defendant is 21 or older and has sex with a person younger than 16, the civil penalties increase up to $25,000. Currently, California law does not require a person convicted of statutory rape to register as a sex offender.
What Are Common Scenarios Related to Statutory Rape?
Suppose an 18-year-old high school student—George—has sex with his girlfriend, Anna, on the night of their Senior prom. Anna is only 17 on the night of the prom, turning 18 a week later. Anna tells one of her girlfriends about the sex with George, the girlfriend tells her parents, and suddenly George is being arrested and charged with statutory rape. Even though the sex was consensual, and Anna was almost 18, George could be prosecuted for statutory rape and could spend time in jail for the crime. In other words, George—who was just accepted to a prestigious college—could have his life ruined over one questionable decision.
How Are Consent and Statutory Rape Related?
Whereas consent can be used as a plausible defense in cases involving rape, sexual assault, or other sex crimes, consent cannot be used as a valid defense in cases involving statutory rape (sex with a minor). Under California law, minors under the age of 18 are not considered legally competent to consent to sexual acts. Unlike most states, however, claiming that you believed the individual was 18 or older (thus capable of consenting) could be used as a valid defense to unlawful sexual intercourse charges in California.
This means that while consent is not a defense in a statutory rape charge, if the defendant believed the individual was 18 or older, and the sex was consensual, then this could potentially be a defense. While consent cannot be given by a person under the age of 18 in California, there is a “Romeo and Juliet” law. This law provides some leniency associated with statutory rape charges between minors who are close in age. If both individuals who are engaging in sex are minors with an age difference of three years or less, the offense may be charged as a misdemeanor. This exception does not apply when one of the individuals is 18 years or older.
What Are the Penalties and Consequences of Statutory Rape Charges?
An adult who engages in sexual intercourse with a minor who is not more than three years younger will be charged with a misdemeanor. If convicted, the penalty is a maximum of a year in jail. An adult who engages in sex with a minor who is more than three years younger could be charged with a misdemeanor or a felony. A felony conviction carries a maximum jail sentence of 16 months, two years, or three years. An adult 21 or older who has sex with a minor under the age of 16 will be charged with a felony, facing potential prison time of two to four years.
What Are Some Common Defenses to Statutory Rape Charges?
The defense used by an attorney for statutory rape charges will depend on the facts and circumstances surrounding the charges. As noted, a mistake of age could potentially be used if it can be shown that the defendant reasonably believed the other person was older than 18. Lack of knowledge of the other person’s age could also be a potential defense. If a person older than 21 met another person in a club—where the age to get in was 21—and the two had sex later that night, the defendant had a reasonable belief that the younger person was 21 or older. That belief could serve as a defense to the charges of statutory rape.
Why You Should Hire an Experienced Riverside Statutory Rape Defense Lawyer Near You
Those dealing with statutory rape charges in California need immediate legal assistance. When you have a knowledgeable Riverside statutory rape defense lawyer advocating on your behalf, you have a much better chance of a positive outcome. If you attempt to represent yourself in such a serious matter, the prosecutor has no reason to negotiate lesser charges or a reduction in sentencing. A highly skilled criminal defense attorney understands the system inside and out. Because of this, your attorney will know every possible outcome of your charges—as well as what can be successfully negotiated.
Contact Our Defense Team Today
We offer more than 50 years of criminal law experience. Before starting this law firm, our firm’s defense attorneys were local prosecutors. We have a clear insight into how statutory rape cases are pursued by the prosecution and how to counter those tactics as your San Bernardino & Riverside statutory rape defense lawyer.
Contact Greenberg, Greenberg & Kenyon to schedule a free initial consultation about your rights, the charges against you and how we can help.
