California law sets the age of consent at 18 years old. Engaging in sexual intercourse or any other sexual act with a person under 18 is classified as statutory rape. It is important to note that consent is not a defense in these cases, regardless of whether the minor involved willingly participated. Additionally, California law provides no exceptions or provisions for close-in-age relationships, commonly known as Romeo and Juliet exceptions.

Under Penal Code Section 261.5, the offense of statutory rape occurs when an adult engages in sexual intercourse with a minor who is not their spouse and is under the age of 18. The specific age difference between the parties is not a determining factor in establishing whether the offense has been committed.

Statutory rape is considered a felony offense in California, and the penalties upon conviction are severe. It is crucial to consult and retain the services of a skilled attorney to challenge statutory rape allegations effectively. The attorney can develop a strong defense strategy tailored to your specific case. They will assess the evidence, explore possible defenses, and advocate on your behalf to mitigate the potential consequences associated with the charges.

Fresno attorneys at California Criminal Lawyer Group explain the crime below in detail.

Statutory Rape Under Penal Code 261.5

The definition of statutory rape offers the foundation for which prosecutors pursue a conviction. The jury will likely believe you committed statutory rape and return a guilty verdict if the following elements are true:

  • The alleged victim was under 18 when the sexual act occurred — Prosecutors can present evidence, including the victim's birth certificate, testimony, or other relevant documents, to establish this assertion.
  • There was sexual intercourse between you and the minor — Sexual intercourse refers to any penetration of the penis into the vagina or anus, no matter how slight. Prosecutors could rely on witness testimonies, medical evidence, or other relevant evidence to support this element.
  • Lack of consent — Since the victim is below the age of consent, their consent is legally considered invalid. The prosecution is not required to prove that the minor did not willingly participate in the sexual act. The crucial factor is that the child is not legally capable of giving informed consent due to their age.
  • Your relationship with the minor — The prosecution must establish that you and the alleged victim were not married when the sexual act occurred. The minor's current or prior marriage to another individual does not provide an excuse or justification for this offense. Regardless of marital status, engaging in sexual activity with a minor remains a punishable offense under the laws of California. Additionally, it is worth noting that marriage does not serve as a legal defense in California cases involving statutory rape charges.

In statutory rape cases, an important distinction arises: the prosecutor is not required to prove the absence of consent or the use of force to establish the offense, unlike in cases of ordinary rape under California law.

In statutory rape, the primary focus lies on the individual's age rather than the presence or absence of consent. Consequently, even if the sexual activity occurred within a caring and loving relationship, criminal charges can still be brought based solely on the age disparity between the parties.

Does the Age Difference Between the Victim and the Defendant Matter?

In statutory rape cases, the individuals' ages are significant, particularly in sentencing. The potential penalties for engaging in unlawful intercourse with a minor vary depending on two key factors:

  • The age of the victim and.
  • The age difference between the parties.

Prosecutors must establish the ages of the defendant and the alleged victim when the intercourse occurred. This evidence is fundamental in determining the charges to be filed and the potential range of sentencing options.

Romeo and Juliet Laws

Romeo and Juliet laws called close-in-age exemptions or age-of-consent exceptions, have been implemented in various jurisdictions, like Florida and Texas. These laws aim to provide legal protections for consensual sexual relationships involving individuals who are closely aged, even if one or both participants are below the age of consent.

The specifics of Romeo and Juliet laws vary depending on the jurisdiction. Typically, these laws establish age thresholds or criteria to determine eligibility for such exemptions. Factors considered include the age disparity between the individuals involved and the age of consent defined by the law.

The underlying purpose of Romeo and Juliet laws is to acknowledge the potential similarities in development and emotional maturity among individuals in close age proximity and engaged in consensual relationships.

In California, even if you are a minor, under 18 years old, at the time of the intercourse, you can face statutory rape charges. This initially seems perplexing since, in these situations, you are, per the law’s definition of a minor, technically a victim. However, this is how the law functions.

Although many prosecutors in California do not prioritize prosecuting teenagers who engage in consensual sexual activity with other teenagers, it does not rule out the possibility of facing the charges under specific circumstances.

The case will probably be handled within the California juvenile court system when both individuals involved are minors. The system specializes in addressing legal matters concerning individuals under 18.

Furthermore, it is necessary to be mindful of the statute of limitations associated with PC 261.5 violations. Prosecutors must file misdemeanor charges within one year, while felony charges have a statute of limitations of three years.

Fighting Statutory Rape Charges

Despite statutory rape charges being serious, they are not indefensible. You can challenge the charges using several defense strategies. Engage your attorney to identify the ideal defense for your case. Below is a look at some of the common defense arguments.

  1. You Reasonably Believed the Victim Was an Adult

In asserting a defense of reasonable belief in the alleged victim's legal age, various evidence and arguments can be utilized to establish your genuine belief.

When mounting a defense based on a genuine belief in the alleged victim's legal age, you can present evidence and arguments to show your sincere conviction. This can involve various factors contributing to your belief, such as:

  • The alleged victim’s appearance.
  • His/her behavior, and
  • Any representations they made or any other pertinent information that could reasonably lead to the conclusion that they were of legal age to consent.

By exploring these aspects, you can establish a compelling case that supports your genuine belief in the alleged victim's age.

You can introduce various types of evidence in a mistaken age defense. The evidence helps establish your genuine belief in the alleged victim's age. Examples include:

  • Statements or representations — The alleged victim's statements regarding their age can serve as significant evidence. This encompasses text messages, social media exchanges, or conversations where they claimed to be of legal age or deliberately misrepresented their age.
  • Appearance and behavior — The alleged victim's physical appearance, attire, and demeanor at the time can be relevant factors. If they exhibited characteristics typically associated with an older individual or presented as an adult, it could support your argument for a reasonable belief in their age.
  • Testimony from witnesses — Eyewitness testimonies from individuals who interacted with the alleged victim and observed their behavior or heard them falsely claim to be of legal age can provide valuable evidence. This can include friends, acquaintances, or individuals present during the relevant events.
  • Documentation — The presence of any documents or identification provided by the alleged victim to support their claims of being of legal age, for example, a fake ID or forged documents, can bolster your mistaken age defense.

Further, the location of the alleged victim can be a significant factor to consider. If the minor was in an establishment where entry is restricted to adults, like a bar, you can argue that their presence in that location reasonably led you to believe that they were of legal age to engage in consensual activities.

  1. You Were Falsely Accused

You can raise the defense of being falsely accused. You will assert that the allegations leveled against you are completely false. This defense hinges on the argument that the alleged victim has intentionally fabricated or distorted the events and that you are innocent of the charges brought against you.

People falsely accuse others for various reasons, driven by motivations such as:

  • Seeking revenge.
  • Harboring a personal vendetta.
  • Attempting to conceal their actions.
  • Seeking attention.
  • Pursuing financial gain.
  • Grappling with mental health issues, or
  • Even due to cases of mistaken identity or misinterpretation.

Each of these factors can contribute to the fabrication of false allegations.

You require evidence to bolster your defense of being falsely accused. Additionally, you can provide arguments that raise doubts about the credibility and motives of the accuser. Some strategies you can employ under this defense include:

  • Highlighting inconsistencies in the accuser's statements — By pinpointing any discrepancies, contradictions, or alterations in the accuser's narrative, you can undermine their credibility and cast doubt on the veracity of their accusations.
  • Emphasizing the lack of corroborating evidence — If there is no physical evidence, eyewitness testimonies, or other supporting evidence that substantiates the allegations, you can argue that the accuser's claims lack a solid foundation.
  • Identifying potential motives for false accusations — You can strengthen your defense by identifying any plausible incentives the accuser could have to fabricate false allegations.
  • Presenting evidence of your character — By introducing evidence that showcases your upstanding character, impeccable reputation, and absence of prior criminal behavior, you can reinforce the contention that you are not the type of person inclined to commit the alleged offense.
  • Leveraging witness testimony — If there were witnesses present during the purported incident who can offer testimonies contradicting the accuser's claims or corroborating your innocence, their statements can play a pivotal role in fortifying your defense.

Consent is Not a Defense

In cases of statutory rape, consent is not considered a defense. This is because minors are legally deemed incapable of consenting to engage in sexual activity.

The primary purpose of statutory rape laws is to safeguard minors from potential exploitation or harm. The law assumes that children lack the understanding to comprehend the consequences of participating in sexual acts. Even if the alleged victim willingly engaged in the sexual activity and gave consent, it does not serve as a valid legal defense against the charge of statutory rape.

Statutory rape cases primarily focus on the ages of the individuals involved rather than the presence or absence of consent. The law categorizes sexual activity with a minor as child sexual abuse, regardless of whether the minor appeared willing or expressed a desire for consensual sex.

Penalties Upon Conviction for Statutory Rape

Statutory rape is a wobbler offense. You can face misdemeanor or felony charges for the crime. Various factors come into play to determine whether you will face misdemeanor or felony penalties for statutory rape. They include:

Age Difference

The distinction in age between the defendant and the minor involved can influence the offense's classification. A minor age difference may result in misdemeanor charges, while a substantial age difference may lead to felony charges.

  • If the age difference between you and the alleged victim is under three (3) years, the PC 261.5 violation is a misdemeanor offense.
  • When you are more than three (3) years older than the alleged victim, the offense can potentially be charged as either a misdemeanor or a felony, depending on the circumstances.

The Defendant’s Age

Your age at the time of the offense is also a significant factor. Prosecutors could handle the case differently if you are a minor, potentially resulting in less severe charges than an adult defendant.

When the defendant is 21 years or older, and the alleged victim is under 16 during intercourse, the charges range from a misdemeanor to a felony. In these cases, the potential penalties for a felony conviction are more severe.

Prior Convictions

Prior convictions or involvement in similar offenses can impact the severity of the charges. Repeat offenses or a history of sexual crimes lead to harsher penalties (felony penalties).

The Circumstances of Your Case

Special consideration is given to certain situations in statutory rape cases. These considerations determine whether you will face misdemeanor or felony penalties upon conviction. For example, the defendant:

  • Occupying a position of authority or
  • Having a familial relationship with the minor.

These facts influence the charges and potentially increase the penalties.

  1. Misdemeanor Penalties

If you are charged and subsequently convicted of a misdemeanor violation, you will face the following penalties:

  • A jail sentence of up to one year,
  • A maximum fine of $1,000 or both.
  • Summary or informal probation instead of jail time.
  1. Felony Penalties

If you are charged and subsequently convicted of a felony violation, you will face the following penalties:

  • Formal or felony probation with up to one year in jail, or
  • 16 months, 2, or 3 years of imprisonment. If you were 21 or older and the alleged victim was 16 years old, you would face 2, 3, or 4 years in prison.
  • A maximum fine of $10,000.
  1. Civil Penalties

Judges can also impose civil penalties. Civil penalties in statutory rape cases are determined based on the age difference between the defendant and the minor involved. The maximum penalties are as follows:

  • If the alleged victim is less than two years younger than the defendant, a fine of up to $2,000 could be imposed.
  • If the alleged victim is at least two years younger than the defendant, a maximum fine of $5,000 could be imposed.
  • If the alleged victim is at least three years younger than the defendant, a fine not exceeding $10,000 could be imposed.
  • If the alleged victim was under 16 years old and the defendant was over 21, a maximum fine of $25,000 could be imposed.

Statutory Rape and Registration as a Sex Offender Requirement

A conviction for a PC 261.5 violation does not impose a mandatory sex offender registration obligation. However, certain other offenses, including rape and engaging in lewd and lascivious acts with a child, carry the requirement of sex offender registration.

Exceptions to California’s Statutory Rape Law

It bears emphasizing that California has no provision for a "Romeo and Juliet" exemption that would permit consensual sexual activity between minors. The only exception to the state's statutory rape law is if the individuals engaged in the sexual intercourse were legally married. Apart from this specific circumstance, engaging in sexual activity between an adult and a minor, regardless of the age difference or the presence of consent, is generally considered to fall under statutory rape.

Crimes Related to Statutory Rape

  1. Rape

Under PC 261, rape is sexual intercourse that transpires under specific circumstances. The prosecution must establish the presence of the following elements to secure a conviction for rape:

Incapacity of Consent

This pertains to situations where the alleged victim cannot provide legal consent due to mental disorders, developmental disabilities, or physical disabilities. It is essential to demonstrate that the defendant knew or reasonably should have known about the victim's incapacity.

Use of Violence, Force, Menace, Duress, or Fear

Using intimidatory tactics involves instances where sexual intercourse is enforced against the victim's will through force, violence, duress, menace, or the instigation of immediate and unlawful bodily harm to the victim or another individual.

Victim's Incapacity to Resist

Under subsections (a)(3) and (a)(4)), incapacity to resist refers to scenarios where the victim is unable to fight due to the influence of substances like anesthetics, intoxicants, or controlled substances. It also includes cases where the victim is unaware of the nature of the act, for example, being asleep, unconscious, or deceived by the perpetrator's fraudulent representation.

Artifice, Pretense, or Concealment

Subsection (a)(5) applies when the victim consents to the act under the mistaken belief that the perpetrator is someone they know other than the accused, and this belief is induced by the accused through deception, pretense, or concealment.

Threats of Future Retaliation

The threat of future retaliation describes situations where the victim is coerced into non-consensual sexual intercourse through threats of future harm, including false imprisonment, kidnapping, inflicting extreme pain, serious bodily injury, or death. The reasonable likelihood of the perpetrator carrying out the threat is crucial.

Threats of Using the Authority of a Public Official

You will face prosecution for rape when the victim's non-consensual engagement in sexual intercourse is achieved by exploiting the victim's reasonable belief that the perpetrator is a public official. The prosecution must prove you threatened to exercise your authority for purposes like incarcerating, arresting, or deporting the victim or another individual.

Duress and menace are defined under PC 261. Duress involves the direct or implied threats of force, violence, danger, or retribution sufficient to compel a reasonable person to perform an act or acquiesce. Conversely, menace refers to any threat, declaration, or act demonstrating an intention to inflict harm upon another.

Penalties if Convicted of Rape

Rape is a felony offense. Convictions carry substantial penalties. You will face the following upon convection:

  • A prison term ranging from 3 to 8 years,
  • A mandatory sex offender registration.

If the victim involved in the rape is under 18 years old, the penalties escalate in severity. In these cases, the court retains the authority to impose additional penalties. Moreover, if the rape resulted in the victim suffering significant bodily harm, the court exercises its discretion to add a prison term of either 3 or 5 years.

Find a Criminal Defense Attorney Near Me

Facing charges of statutory rape can be a daunting and challenging experience. Despite the experience, you have the right to a fair defense. It is imperative to take immediate action and seek the guidance of an experienced attorney specializing in sexual offense cases. The attorney will provide invaluable support, build a strong defense strategy, and ensure your rights are protected at every stage of the legal process.

Navigating the complexities of the legal system can be overwhelming, which is why Fresno attorneys at California Criminal Lawyer Group offer legal assistance and representation. Our attorneys understand the statutory rape laws. By enlisting our services, you increase your chances of achieving the best possible outcome in your case.

Contact our team today at 559-712-8377 to book your initial case assessment.