In San Diego, sexual intercourse with a person under the “age of consent” can carry serious legal and financial consequences. Understanding the definition of statutory rape can help you protect your rights and freedoms. If you face statutory rape charges, contact a qualified San Diego criminal defense attorney today.
What Is Penal Code Section 261.5?
Unlawful sexual intercourse, commonly called statutory rape, occurs when a person has sexual intercourse with another who is not their spouse and that person is under 18 years old.
Statutory rape in California is either a felony or a misdemeanor, depending on the circumstances of the case. Such offenses carry serious legal consequences.
However, if the minor is less than three years younger than the adult, such an offense is a misdemeanor. For example, if someone 18 years old has sexual intercourse with someone 17 years old, the adult would be guilty only of a misdemeanor under the law.
Penalties for Statutory Rape
If the adult and the minor are more than three years apart, penalties for statutory rape are more severe.
Punishments may include:
- Up to three years in prison,
- Fines of up to $10,000,
- Possible probation,
- Possible sex offender registration.
If the minor is less than 16 years old, penalties include:
- Fines of up to $25,000, and
- Up to four years in prison.
If the adult and the minor are less than three years apart in age, the adult is guilty of a misdemeanor.
Punishments for statutory rape include civil penalties of up to $2,000 if the adult and minor are less than two years apart in age. The civil penalties can reach up to $5,000 if the adult and minor are more than two years apart in age. If the adult and the minor are more than three years apart in age, the civil penalty can reach $10,000. And if the adult is at least 21 years old and the minor is under age 16, the civil penalty can reach $25,000.
California law does not mandate that someone convicted of statutory rape must register as a sex offender. However, California Penal Code section 290.006 grants a court the discretion to require sex offender registry if the court finds you committed your offense “as a result of sexual compulsion or for the purposes of sexual gratification.”
Defenses to Unlawful Sexual Intercourse
One of the most common defenses involves a reasonable mistake as to the age of the minor. For example, if a minor misrepresents that they are older and you reasonably believe them, you may not face criminal charges. However, this belief must be reasonable, as determined by the court or a jury. If the minor is 12 years old, your mistake would likely not be considered reasonable even if the minor told you they were 18 years old.
Like with any case, the prosecution must successfully prove the commission of the crime. A skilled attorney may argue that the prosecution lacks sufficient evidence to prove their case.
Many cases of unlawful sexual intercourse rely on the credibility and the statements of a victim. At times, minors will make false accusations and accuse innocent people of wrongdoing. Your attorney can help you defend your innocence and protect your rights and freedoms.
Contact a Qualified Criminal Defense Attorney Today
If you face statutory rape charges, you should consider speaking with an experienced criminal defense attorney. The legal team at the Law Offices of Kerry L. Armstrong, APLC, has extensive experience defending their clients’ rights.
Our attorneys will use their substantial courtroom experience and legal skills to defend your rights and create a strong defense. Attorney Kerry L. Armstrong has been certified by the State Bar of California as a criminal law specialist.
Our staff will answer your questions and provide you with the support and guidance you need. For a free consultation, call our office at 619-900-6902 or fill out an online form today.
Kerry L. Armstrong
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