Sex Crimes
Tustin Sex Crimes Attorney
What Is Statutory Rape?
Statutory rape is a criminal offense in which an individual has sexual intercourse with a minor. It is illegal for an adult to have sexual intercourse with someone who is under the age of 18, even if the minor gave consent. The age of consent in California is 18, but there are some exceptions in which the age of consent is lower.
Schedule a free case review with our Tustin statutory rape attorneys by contacting us online or at (714) 824-4473.
What Are the Potential Penalties for Statutory Rape in California?
The penalties for statutory rape vary depending on the age difference between the adult and the minor. If the defendant is no more than three years older than the minor, the offense is classified as a misdemeanor. This can lead to penalties such as up to one year in county jail, fines, and probation.
If the age difference exceeds three years, the offense can be charged as either a misdemeanor or a felony, depending on the circumstances and the prosecution’s discretion. A felony conviction can result in a state prison sentence of up to four years. In both misdemeanor and felony cases, fines and other penalties may also apply, including potential probation and mandatory counseling.
Additionally, more severe penalties could be imposed if aggravating factors are present, such as coercion, force, or if the defendant holds a position of authority over the minor. Depending on the case, a statutory rape conviction may also carry the possibility of mandatory sex offender registration, though this is not required in all cases.
It is crucial to seek legal representation immediately when facing statutory rape charges. An experienced attorney can evaluate the case, explore available defenses, and work to mitigate the consequences, including the possibility of negotiating lesser charges or avoiding a conviction altogether.
Statutory Rape Cases in California
In California, the age of consent is 18 years old. However, there are several exceptions in which an individual can legally consent to sexual activity at a younger age.
These exceptions include:
- A minor who is 14 or 15 years old and the offender is a 4-year age gap or older
- A minor who is 12 or 13 years old and the offender is 3-years or older
- A minor who is 10 years old or younger and the offender is 10 years old or older
The penalties for statutory rape are dependent on the circumstances of the case and the age of the victim. If the alleged victim is a minor under the age of 14 and the defendant is 18 years old or older, it is a felony punishable by up to 8 years in state prison. If the alleged victim is a minor between the ages of 14 and 17 and the defendant is 18 years old or older, it is a misdemeanor punishable by up to 1 year in county jail.
If the alleged victim is a minor under the age of 14 and the defendant is not more than 3 years older than the alleged victim, it is a wobbler offense punishable by up to 1 year in county jail or 16 months in state prison. If the alleged victim is a minor between the ages of 14 and 17 and the defendant is not more than 3 years older than the alleged victim, it is a misdemeanor punishable by up to 1 year in county jail.
Contact Our Tustin Statutory Rape Lawyers for a Free Consultation
If you have been accused of statutory rape, you need an experienced Tustin statutory rape defense lawyer. At the Visco & Selyem Criminal Defense, our Tustin statutory rape defense lawyers have over 20 years of experience in defending clients against a wide range of criminal charges. We will work hard to help you achieve the best possible outcome in your case.
Call our Tustin statutory rape defense lawyers at (714) 824-4473 or contact us online today for a free consultation.
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