California Statutory Rape Defense Attorneys

The word “statutory” is defined as “required or permitted by law.” Unlike Rape, where a sex act is forced upon one party, the phrase “Statutory Rape” refers to sexual relations in which both parties consent to sexual activity.

Conditions of Statutory Rape

California Penal Code section 261.5 states that:

  1. 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.
  2. Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.
  3. Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison.
  4. Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for two, three, or four years.

Statutory Rape Fines

In addition, section 261.5 states that, along with jail time, fines may be imposed on convicted parties:

  1. An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty not to exceed two thousand dollars ($2,000).
  2. An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty not to exceed five thousand dollars ($5,000).
  3. An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty not to exceed ten thousand dollars ($10,000).
  4. An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000).

Statutory Rape occurs between an adult (one who is older than the age of consent) and a minor (one who is younger than the age of consent). The younger party, however, is not a child, but typically a teenager who has already gone through puberty and is nearing the age of consent. There is no violence associated with Statutory Rape charges. The parties involved typically both know each other, and are often quite close. The problem, therein, lies in the fact that any third party can report Statutory Rape. Hearsay often becomes a factor here, and little physical evidence can typically be presented in proving Statutory Rape, which can affect an accused person’s future in terms of employment and living.

If you have been accused of Statutory Rape in California, the criminal defense attorneys at Wallin & Klarich can help you by protecting your rights and ensuring that you receive a fair trial. Our experienced California Statutory Rape attorneys have the resources and knowledge to provide quality legal counsel and representation in the effort to reduce your charges or have them completely dismissed. Call us today at 877-230-1528 for a case evaluation. Our lawyers have over 30 years of experience in California criminal defense and are available 24 hours a day, 7 days a week.