Defining Statutory Rape Under California Penal Code §261.5
What is statutory rape? Statutory rape, as defined by California Penal Code §261.5, occurs when an individual engages in sexual intercourse with a person under the age of 18.
Unlike other sexual offenses, statutory rape does not require evidence of force, coercion, or lack of consent. The key factor is the age of the participants, as California law deems minors incapable of legally consenting to sexual activity, regardless of their willingness or intent.
What Does Statutory Rape Mean?
The term “statutory” refers to laws established by statute, meaning that the offense is based solely on the minor’s age rather than the circumstances of the relationship or the interaction. Under CPC 261.5:
- Unlawful sexual intercourse is defined as consensual sexual intercourse with someone under 18 who is not the spouse of the accused.
- Strict liability crime: The law does not consider the accused’s intent, whether the minor consented, or if the minor misrepresented their age.
Misdemeanor and Felony Statutory Rape
In California, statutory rape can be charged as either a misdemeanor or a felony. When determining whether to pursue misdemeanor or felony charges, one factor that prosecutors examine is the age difference between the suspect and the alleged victim. If the suspect and alleged victim are within three years of age, then the crime will typically be charged as a misdemeanor.
However, if there is more than a three-year age difference between the suspect and the alleged victim, then the crime may be charged as a felony.
Penalties for Statutory Rape in California
Misdemeanor statutory rape is punishable by a maximum of 364 days in jail and a fine of up to $1,000. For incidents involving minors 16 years of age and older and suspects under the age of 21, the resulting felony statutory rape charge can result in up to three years in jail.
And for incidents involving minors under 16 years of age and suspects over the age of 21, the potential penalties include up to four years in prison and $10,000 in fines.
What if it’s Consensual?
Ordinarily, people think of rape as a non-consensual act of force. Statutory rape, however, isn’t always done against the will of the victim. Rather, statutory rape can occur even when both individuals consent to the act.
The deciding factor in statutory rape cases is that one or both of the participants are under the age of 18. Therefore, it is a criminal act in California at any time two unmarried persons under the age of 18 have sexual intercourse.
Registro de delincuentes sexuales
In addition, anyone convicted of either misdemeanor or felony statutory rape may be required to register as a sex offender for life.
When making this determination, the judge must consider whether the offender committed the crime due to sexual compulsion or gratification.
If the judge determines that registration as a sex offender is necessary, then the offender could potentially face the following negative consequences:
- Difficulty finding long-term employment
- Difficult maintaining long-term employment
- El estigma de ser un delincuente sexual registrado
- Dificultad para mantener relaciones
- Isolation from friends and family
Examples of California Statutory Rape
- A victim is under 18 years old when the crime was committed
- A 30-year-old teacher develops a relationship “sexually” with a 16-year-old
student - A minor, under the age of 18 can also be charged with statutory rape but
would eventually be tried in the juvenile court system of California
Call (619) 234-2300 or complete a Free Case Evaluation form
Charged with Statutory Rape in San Diego? Contact Us for a Free Consultation
Due to the potential consequences involved, it is important that anyone charged with statutory rape in San Diego seek the guidance of an experienced criminal defense attorney.
At the Law Offices of Kerry L. Armstrong, our experienced sex crime lawyers provide all of our clients with expert legal guidance in order to achieve the most favorable results possible.
The talent and experience of our attorneys ensure that our clients’ cases are handled expertly and with the utmost care.
If you or a loved one is facing criminal charges of any kind in San Diego, please contact us immediately for a free consultation.
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