Oakland California Statutory Rape Defense Lawyer
Many think rape is only non-consensual, forced sexual intercourse. However, you could face rape charges yourself for a consensual relationship—that is, if you find out the alleged victim was under the age of consent in California.
This law can land people on the wrong end of the legal system time and time again, and you could be scrambling to find a lawyer experienced in related sex crimes to avoid jail time and a permanent record.
A statutory rape lawyer like Seth Morris knows Bay Area courts and won’t let the system tarnish your good name. Contact our criminal defense attorneys today at 510-330-0814 for a free consultation.
What Is Statutory Rape?
Statutory rape is sexual intercourse between an adult and a minor (an individual under 18). While consensual sex is perfectly legal between adults, the law deems minors incapable of giving consent. Therefore, without legal consent, an adult could be charged with statutory rape.
California Statutory Rape Laws
California Penal Code § 261.5 states that statutory rape can be charged under various conditions. These include:
- Unlawful sexual intercourse between an adult and a minor under the age of 18 who’s not married to the perpetrator
- Unlawful sexual intercourse between an adult and a minor who’s no more than three years younger or older than the perpetrator
- Sexual intercourse with a minor who’s more than three years younger than the perpetrator
- A 21-year-old engaging in sexual intercourse with a minor under the age of 16
What Are the Penalties for Statutory Rape in Oakland, CA?
Statutory rape is a wobbler offense, meaning you could face misdemeanor or felony charges. The alleged victim’s age largely determines your sentence. In addition to criminal charges, you could face civil penalties and pay restitution to the alleged victim or their family.
Criminal Penalties
Misdemeanor offenses for statutory rape result in up to a year in jail and fines as high as $1,000. You could be charged with a misdemeanor for having unlawful sexual intercourse with a minor no more than three years younger than you.
You could also face misdemeanor charges if the alleged victim is found to be more than three years younger than you.
However, the victim’s age is critical here, as you could face felony charges depending on how much younger they are.
Sex with a minor more than three years younger than you is punishable as either a misdemeanor or a felony. As a misdemeanor, you could face up to a year in county jail. As a felony, you could face 16 months, two years, or three years in state prison.
If you are over 21 and have sex with a minor who is under 16, you could be charged with a felony, face prison of up to 4 years, and up to $10,000 in fines.
Civil Penalties
The court might force you to pay restitution to your accusers. The facts of your case determine the amount you can expect to pay in civil penalties. Like criminal penalties, the age of the alleged victim determines your punishment.
California Penal Code § 261.5 details the following civil penalties you could face:
- $2,000 – Unlawful sexual intercourse with a minor less than two years younger than the adult
- $5,000 – Unlawful sexual intercourse with a minor at least two years younger than the adult
- $10,000 – Unlawful sexual intercourse with a minor at least three years younger than the adult
- $25,000 – A 21-year-old engaging in sexual intercourse with a minor under the age of 16
These consequences are separate from your criminal penalties. You could face felony charges resulting in up to four years in jail and $10,000 in fines and still be expected to pay up to $25,000 in civil penalties—not to mention being listed as a sex offender.
Sex Offender Registration
A sex crime conviction lingers even after a lengthy jail sentence and steep fines. You will be labeled a sex offender in a publicly accessible database. This dramatically reduces your chance for career advancement, finding a home, or even having the freedom to choose the location you want to live.
Most statutory rape charges do not require sex registration, but you’ll want a good lawyer by your side to be fully protected.
How to Defend Against Statutory Rape Charges
With everything riding on the court’s decision, you need a strong defense if you want to rid yourself of these charges. The prosecution must satisfy the elements of the crime according to California law to convict you.
The marriage exception might apply to you, you could get charges knocked down to a misdemeanor if Romeo & Juliet laws apply, or your Oakland rape defense attorney could prove you reasonably believed the alleged victim was of age.
The alleged victim may have not even filed criminal charges in time to convict you. Your unique case determines your defense strategy.
You Were Married
California Penal Code § 261.5 states that someone is charged with statutory rape if they have unlawful sexual intercourse with a minor who’s not their spouse.
You could be lawfully married to the alleged “victim.” In that case, your attorney must prove your marriage is valid in California, and your charges should be dismissed.
Romeo & Juliet Laws Apply
California’s Romeo & Juliet Laws protect young couples from extensive jail time and fines if they are close enough in age.
These laws won’t dismiss a statutory rape charge; however, they could reduce it from a felony to a misdemeanor if the consensual sex was with a minor no more than three years younger than the adult.
You Didn’t Know the Alleged Victim’s Age
In some cases, the alleged victim may have led you to believe they weren’t a minor. Some states don’t accept this defense; however, you could have your charges reduced or dismissed if the court finds you had a reasonable belief that the minor was an adult.
The Statute of Limitations Ran Out
An alleged victim has one year to file criminal charges against you for a misdemeanor and three years for a felony. If the complaint against you comes after this period of time is up, your charges are dismissed.
Don’t Wait to Call Morris Law
California has strict laws regarding statutory rape, and a conviction could leave your future uncertain. But you don’t need to fear the unexpected. A statutory rape lawyer like Seth Morris knows the local courts and what the prosecution must prove to obtain a conviction.
Get help from a Bay Area defense lawyer with a track record of success. Contact Morris Law today at 510-330-0814 for a free consultation.