Statutory Rape
Statutory rape is charged when a man or a woman has engaged in a sexual act with a minor under the legal age of consent, regardless of whether the minor said that he/she consented to the sexual act. In the state of California, the legal age of consent is 18.
California Penal Code section 261.5 says that “unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.” The code section goes further and establishes age guidelines that dictate whether a criminal case may be brought as a misdemeanor or felony. For example, if there is not more than three years age difference between the two people who engage in the illegal sexual act, the case can only be filed as a misdemeanor. If, however, the age gap is greater than three years, it is within the District Attorney’s Office’s discretion to file the case as either a misdemeanor or a felony.
As previously mentioned, in cases of statutory rape, it does not matter if the minor consented to the act of sexual intercourse. California state law says that a minor does not have the ability to give his/her consent to engage in sexual intercourse. Thus, they cannot legally consent to having sex. Legally speaking, consent to sex can never be given by minors, mentally disabled persons, and physically incapacitated persons (intoxicated, asleep, unconscious, ill, or drugged). This comes into play in cases of statutory rape or in cases of date rape where drugs such as rohypnol ("ruphies") or alcohol are used to further the commission of the sexual act. Likewise, “voluntary intoxication” by the victim is not a defense to crimes such as sexual assault. “Voluntary intoxication” by the perpetrator of the crime is also not a defense.
Commonly asked question: what if the victim in a statutory rape case lied about his/her age, and you honestly did not know he/she was under the age of 18 at the time you had sex? Statutory rape is a “strict liability” offense. That means the law does not care what you knew or didn’t know, believed or did not believe at the time. The law doesn’t care and doesn’t punish the minor if he/she lied to you about their age or what the minor looked like at the time. A person can be found guilty of the crime of statutory rape even if they honestly believed the other person was 18 years of age or older. They can also be found guilty of the crime even if the victim consented to have sex and gave false information regarding his/her age.
In most cases that we see, the parent of the minor child will find out what happened and report the incident to the police. The District Attorney’s office then decides whether or not to file charges against the accused adult. Frequently, a circumstance arises where a minor female becomes impregnated and after she tells her parents, they tell the police.
If you, a friend, or a family member believes they will be, or has been charged with statutory rape, contact the experienced and knowledgeable sex crimes defense lawyers at WILL & WILL, LLP. You need a skilled sex crimes defense attorney on your side to help preserve your criminal record. We have handled all types of sex crimes cases, including many statutory rape cases. We can help you. Call us or fill out the online contact form for a free consultation today.
