Rape Articles

Statutory Rape

What Constitutes Statutory Rape? (PC 261.5)

The crime of statutory rape can be confusing for some people because it involves an act in which you may think you have the consent of your sexual partner. However, if your sexual partner is under the age of 18, he or she is not able to provide legal consent to sex. Our skilled statutory rape defense attorneys have been successfully defending clients accused of statutory rape for more than…

Read More
consent defense to rape

Is Consent A Defense To Statutory Rape?

For many sex-related crimes, there is an important and powerful defense available to the defendant. If you received consent from the other person to engage in sexual activity, you should not be found guilty of the sex crime. However, statutory rape (as well as other sex-related crimes involving a minor) is distinctly different from those crimes in one important aspect: minors cannot legally consent to sexual activity. What is Statutory…

Read More

Do Rape Charges Require Violent Acts? (PC 261.5)

When you hear the word “rape,” you probably think of an act of violence. However, California rape laws cover more than using force to have sexual intercourse with the alleged victim. You could be accused of rape for any sexual intercourse where the alleged victim was not legally able to provide consent. Let’s examine situations in which you could be accused of rape without the use of force or fear.…

Read More

Statutory Rape in California (PC 261.5)

Under California Penal Code Section 261.5, it is illegal for you to have sexual intercourse with any person who is under the age of 18 who is not your spouse. It does not matter if you were also under 18 at the time the incident occurred; you could still be charged with statutory rape. That is one of the reasons why statutory rape is a confusing crime. Our experienced sex…

Read More

Defenses to Statutory Rape Charges – PC Section 261.5

You recently had sexual intercourse with a female that you met off of a dating website. Prior to engaging in sexual intercourse, she reassured you that she had turned 18 years of age “a while ago.” A few days after the sexual intercourse, you were charged with statutory rape under California Penal Code section 261.5. At this point, it is critical to call an experienced sex crimes attorney who know…

Read More

Is it a Crime for an 18-Year-Old to Hug and Kiss a 17-year-old? | California Penal Code section 647.6

Most people believe that in this scenario if there was no intercourse then no crime was committed. This is false. Under section 647.6 of the California Penal Code it is a crime for any person to “annoy or molest any child under 18 years of age.” Under Under California Penal Code section 647.6, even if no sexual intercourse was, this offense, with few exceptions, is a misdemeanor punishable by up to one…

Read More

I am accused of statutory rape even though everything was consensual

Attending prom is supposed to be a milestone in a teenager’s life. However, attending prom for you could result in being charged with statutory rape, even though your significant other consented to have intercourse. Now what promised to be a magical night threatens your chances of attending the college of your dreams, and you may face jail time. If you face statutory rape charges, it is in your best interest to…

Read More

What if I Was Arrested for Unlawful Sexual Untercourse Under Penal Code 261.5?

Under California penal code section 261.5, 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. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. This crime can be charged as…

Read More

Are you facing statutory rape charges (California Penal Code 261.5)?

You are chatting online with a woman that you believe is over 18 years of age. After a few back and forth conversations, the two of you decide to meet up in order to engage in sexual intercourse. Now she is accusing you of statutory rape. If you are facing this difficult situation, you need to contact a Wallin & Klarich statutory rape defense attorney to help you fight for…

Read More

What Constitutes Statutory Rape

Statutory Rape is an extremely serious charge in San Diego County. Even if the sex is consensual, you can be charged, convicted and sent to jail. You may even have to register as a sex offender with your local police department if found guilty. An experienced Southern California sex crimes attorney can help you avoid the negative consequences that accompany a statutory rape conviction. The Prosecution Need To Prove 3…

Read More