It is easy to confuse the crimes of statutory rape and rape. They are both serious offenses. They can lead to life-changing repercussions, including hefty fines and a jail term. Courts are never lenient with individuals accused and found guilty of statutory rape or rape. If you face statutory rape or rape charges, you need to seek the services of a skilled and experienced attorney to guide you through the justice system. Statutory rape and rape are different crimes under California law, even if they both involve sexual acts.

Definition Of Statutory Rape

According to California law, statutory rape involves sex with a minor. It is a crime under Penal Code 261.5 to engage in sex with someone under the age of 18. You could face statutory rape charges if the prosecutor believes that you engaged in sex with a person under the age of 18. These charges apply because a person under the age of 18 cannot lawfully consent to sex.

Statutory rape is common, and the individuals involved in most cases are entirely innocent of the charges. A statutory rape case does not have to lead to a conviction. If the prosecutor accuses you of statutory rape, he/she must prove the following elements:

  • You engaged in sex with a person under 18 years of age.
  • You were not married to the minor at the time of the incident.

The judge can dismiss your criminal charges if the prosecutor fails to prove the above elements. You could face charges even if sex between you and a minor was consensual. However, you cannot face charges if you and the child are married. It is easy for the prosecutor to file charges against you if you and the minor are unmarried.

Under California law, the following amounts to statutory rape:

  • Lewd and lascivious acts involving a minor should involve sexual intercourse between a person of any age and a minor 13 years of age or younger. You could face statutory rape charges if the child is 14 or 15 years old and you are at least ten years older than the minor.
  • Unlawful sex or sexual penetration between a minor below 14 and a defendant who is ten years older than the minor.
  • Oral sex between a person of any age and a minor aged 17 years or below.
  • Unlawful sex or sexual penetration between a person of any age and a minor 17 years of age or below.

Definition Of Rape Under California Law

Rape is defined under Penal Code 261 as using force, threats, or fraud to have sex with another person without their consent. You can only face rape charges if the prosecutor proves the following elements:

  • You had sexual intercourse with someone else.
  • At the time of the act, you and the victim were not married.
  • The alleged victim did not consent to the sexual act.
  • You accomplished the act through force, violence, or threats.

Sexual Intercourse

Sexual intercourse refers to the genitalia or vaginal penetration by the penis, even if it is slight. You do not need to ejaculate to face rape charges.

Victim's Consent

According to PC 261, consent only exists if an individual understands the nature of the act he/she engages in. Sometimes, an individual could consent to sex initially but change their mind while in the process. In this case, if you continue the act of sex, it could be deemed done without consent if:

  • The person you are having sex with conveys words or actions of non-consent to you. You could be guilty under PC 261 if you continue with the sexual intercourse forcibly despite the victim's objections.

Force Or Violence

The following is the meaning of force or violence:

  • The application of strength to subdue another person's willpower.
  • Fraud involves lying or using trickery to compel someone to have sex with you.
  • Application of fear to coerce someone to engage in sex with you.
  • A menace involves actions that show intent to cause injury to another person.
  • Coercion involves threats that can compel someone to agree to engage in sex with you.
  • Acts that can injure or kill someone else and involve violence.

Categories Of Individuals That Cannot Consent To Sex

  • Individuals under the age of 18 are considered juveniles and cannot consent to sex with an adult. Therefore, you could be guilty under PC 261 if you engage in sex with a minor, whether or not he/she consents to it.
  • An unconscious person.
  • A person with a mental disorder.
  • An intoxicated person — A drunk person is not in their right mind to make the proper judgment. You could therefore be guilty under PC 261 for engaging in sex with them in that state.

Penalties For Statutory Rape Charges

A violation of PC 261.5 is a wobbler offense. The judge will charge you with a misdemeanor or a felony, depending on the circumstances surrounding your charges. The factors the judge will consider include:

  • Whether, at the time of sexual activity, you were 21 years of age or older and the minor was below 16 years of age.
  • If you are three years or more older than the minor.
  • If you are less than three years older than the minor.

A misdemeanor conviction can attract the following penalties:

  • Misdemeanor or informal probation.
  • A fine of up to $1,000.
  • A jail term of up to one year in a county jail.

A felony conviction could attract the following penalties:

  • Felony or informal probation and a jail term of up to one year in a county jail.
  • A fine of up to $10,000.
  • A jail term of 16 months, two years, or three years.
  • If you were 21 years of age or older and the minor was below 16 years of age at the time of the crimes, you could face a jail term of two, three, or four years.

Besides misdemeanor and felony penalties, you could also face civil penalties. Civil penalties are non-criminal fines the court could impose on you in addition to serving a jail term and criminal fines. Civil penalties are only meant for adult defendants and differ based on your age and the minor's age.

The civil penalties you could face include the following:

  • If you were 21 years of age or older and the minor was 16 years of age at the time of the offense, you could face a fine of up to $25,000.
  • If the minor is three years younger than you, you could face a fine of up to $10,000.
  • If the child is two years younger than you, you could face a fine of up to $5,000.
  • If the minor is less than two years younger than you, you could face a fine of up to $2,000.

When the judge grants you probation, you must comply with the conditions. Some of the requirements could include:

  • Engaging in community service.
  • Enroll in rehabilitation or sexual addiction programs.
  • Meeting your probation officer as often as your probation conditions require.
  • Random drug testing.
  • Avoid committing any other crime while on probation.
  • Random searches of your home or person.

Under Penal Code Code 290, you could also be required to register as a sex offender if the judge convicts you of statutory rape. If the court orders you to register as a sex offender, you must also update your status with the police in your area as long as you attend school, work, or live in California. Anyone can access your details, like name, photograph, and address, on the sex offender website.

The court could order you to stay away from any park or school that children frequent once you register as a sex offender. It could also be hard to secure a house because many house owners do not rent their houses to PC 290 registrants. If you fail to register as a sex offender, you could face additional criminal charges for failing to comply with PC 290.

Penalties For Rape

A violation of Penal Code 261 is typically a felony. In this case, you could face a jail term that does not exceed eight years in state prison. The court could also increase your jail term by three to five years based on the severity of the victim's injuries.

You could also face the following felony penalties based on the age of the victim:

  • You could face a jail term of seven, nine, or eleven years in state prison and a lifetime sex offender registration if the victim was under 14 years old.
  • You could face a jail term of 9, 11, or 13 years in state prison if the victim was between 14 and 17 years old.
  • You could face a jail term of three, six, or eight years in state prison and a sex offender registration for up to 20 years or life if the victim was 18 years of age or older.

According to the state's Three Strikes Law, a rape charge could also attract a strike on your criminal record. You could face severe punishment if you receive a strike on your criminal record, especially if you have a prior strike crime conviction. You could serve double the jail term under the Three Strikes Law.

A first strike will attract a jail term that does not exceed 16 years in state prison. On the other hand, you could face a jail term that does not exceed 25 years or life imprisonment if you have previously committed two strike offenses.

You can face adverse immigration consequences if the judge convicts you of rape. You can be deported if the judge convicts you of rape because rape is a crime of moral turpitude.

You can apply for an expungement of your rape charges. Rape charges can be removed from your criminal record if you have not served time in a state prison. If you are serving probation, your rape offense record can be expunged if you comply with all the probation conditions. One of the conditions is avoiding committing any other offense while on probation.

Defenses For Statutory Rape Charges

You could present several legal defenses to challenge your statutory rape charges. They include:

No Sexual Contact

If the prosecutor accuses you of statutory rape, you could claim you did not engage in sexual activity with the minor. You will not face charges under PC 261.5 if there is no contact or sexual intercourse with the minor.

You Are Married To The Minor

You will not be guilty of statutory rape if you are a married couple. In this case, statutory rape charges do not apply if the two of you are married.

You Are A Victim Of False Accusations

Most allegations regarding sex crimes are legitimate. However, somebody could falsely accuse you of statutory rape. The judge could drop your charges if he/she discovers that you are falsely accused.

No Evidence

Usually, there is no physical proof of a statutory rape crime. In this case, the prosecutor can demonstrate that you are guilty. The prosecutor should provide sufficient evidence beyond a reasonable doubt that you committed the crime. The judge could dismiss or drop your charges if the prosecutor fails to prove your case.

You Reasonably Believed That The Alleged Minor Was Above 18 Years Old

According to the law, you must be aware that you are having sex with a minor under the age of 18 to face statutory rape charges. You could be acquitted of your charges if you reasonably believed you had sex with a person over 18 years old. However, to succeed with this defense, you must provide substantial evidence that the person was at least 18 years old. For example, you could meet a minor in a Pub that allows only individuals aged 21 years and older. In this situation, you had a valid reason to believe the alleged child was 18 or older.

This defense can be valid if you gather several witnesses to support your claims. If you meet a person in a bar and he/she alleges that they are 18 years of age or older, you can use this defense to challenge your case.

Defenses For Rape Charges

If the prosecutor accuses you of rape, it is not wise to take the accusations lightly because you could face imprisonment that could negatively affect your life. Usually, it is advisable to seek the services of a skilled and competent criminal attorney. The attorney could prove to the court that you are innocent and have your charges dismissed or reduced. Some of the defense strategies your attorney could use to fight your charges include the following:

You Are A Victim Of Mistaken Identity

A mistaken identity is always possible when people are entangled in rape crimes. You could use this defense if the victim was intoxicated when the rape occurred or if you had a substantial resemblance to the perpetrator of the rape offense.

For example, you could have made advances to a woman at a party, but she turned you away before she became intoxicated. In this case, the woman could confuse you with the rapist because she could recall the person she was with before she became intoxicated.

You Are A Victim Of False Accusation

Many rape cases filed in courts are false, as in most situations, the alleged victims seek revenge or are jealous. You should hire a skilled attorney to assist you in proving your accuser's statement false by establishing what happened.

There Was No Sexual Intercourse

You could prove that you are innocent by providing evidence showing that you did not engage in sexual intercourse. The victim can only prove you guilty if he/she seeks medication immediately and presents the doctor's report.

The evidence could be tampered with if the victim fails to take medication. Therefore, in this case, there will not be enough evidence for the prosecutor to prove that you engaged in non-consensual sex. You must consult a skilled rape attorney to help you gather evidence that can prove you innocent. For example, if you only kissed the victim, you would not face rape charges because no penetration in the vagina occurred.

The Victim Consented To The Sexual Intercourse

You cannot face rape charges if you genuinely believe the victim consented to the sexual intercourse. However, your attorney must prove this for you to be acquitted of your charges. The judge will evaluate the circumstances of the environment in which the sexual act occurred and decide whether your consent allegations are plausible.

Find a Criminal Defense Attorney Near Me

You must act immediately if the prosecutor accuses you of statutory rape or rape. You should seek the services of an attorney with an excellent understanding of the local courts and extensive knowledge of the criminal justice system. At the Los Angeles Criminal Lawyer, we will analyze the circumstances surrounding your charges and create a winning defense strategy. We have successfully helped many clients fight rape and statutory rape charges. Whether you face misdemeanor or felony charges, our attorneys are ready to fight for you. Given our vast experience, the trial process does not intimidate us. We understand all the tactics that prosecutors use when bringing charges against defendants. Call us at 310-502-1314 to speak to one of our attorneys.