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Statutory Rape in California

by Randy Collins on May. 04, 2012

Criminal Criminal  Felony Criminal  Misdemeanor 

Summary: An adult who has sexual intercourse with someone under eighteen years old, is guilty of statutory rape under California Penal Code 261.5, even if it was consensual sex. An adult in this case is someone over the age of twenty one years old.

An adult who has sexual intercourse with someone under eighteen years old, is guilty of statutory rape under California Penal Code 261.5, even if it was consensual sex. An adult in this case is someone over the age of twenty one years old.

As a misdemeanor, the charges are up to one year in jail, a thousand dollars in fines, registration as a sex offender and summation, otherwise known as an informal probation.

As a felony, statutory rape warrants between sixteen months and four years in prison, up to one thousand dollars in fines, the same registration as a sex offender under California penal code 290, and this time, a formal probation.

It should be noted that in sentencing statutory rape offenders, the judge will typically examine the age difference between the offender and the victim to determine if:

·         The offender was more than three years older than the victim. In this instance, statutory rape is filed as either a misdemeanor or a felony.

·         The offender was less than three years older than the victim. In this instance, statutory rape is filed as a misdemeanor.

·         That the offender was over the age of twenty one and the victim less than sixteen years old. In this instance, statutory rape is filed as either a misdemeanor or a felony.

Statutory Rape is also known as:

Unlawful sexual intercourse

Some legal defenses for statutory rape include:

·         The offender thought the victim was over the age of eighteen years old

·         The offender was falsely accused. This is especially common if an accuser is acting out of jealousy or spite.

Related offenses to this crime include lewd acts with a minor under California Penal Code 288, or general rape under California Penal Code 261.

If you need help defending yourself from statutory rape charges, MacGregor & Collins are ready to provide you the Orange County attorney services you need for sexual offenses. We will help you understand the charges against you and get you the best possible outcome for your case. Call MacGregor & Collins today at (949) 250-6097.

 

 

 

 

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