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 retain a knowledgeable and experienced criminal defense attorney as soon as possible.

Prosecution of Statutory Rape Under PC 261.5

To convict you of statutory rape the prosecution must prove the following three elements:

• You had sexual intercourse with the victim
• You and the victim were not married at the time of intercourse, and
• At the time of intercourse, the victim was under the age of 18

You can be convicted of statutory rape even if your significant other (or victim) consented to the intercourse. This is because a minor cannot legally consent to an act of sexual intercourse.

Punishment for Statutory Rape

The punishment for statutory rape depends upon the circumstances of your case. However, what is certain is that your potential punishment can be harsh.

If you are no more than 3 years older than the victim, the offense is a misdemeanor punishable by up to a year in county jail and a maximum $1,000 fine.

If you are 21 years of age or older and the victim is under the age of 16, the offense is a felony punishable by 2, 3 or 4 years in county jail and a maximum $10,000 fine.

If you are at least 3 years older than the underage victim (and the victim is not younger than 16), the offense can be charged as either a misdemeanor or a felony depending on the facts of your case and your prior criminal history. If charged as a misdemeanor, you face up to a year in county jail and a maximum $1,000 fine. If charged as a felony you face 16 months, 2 or 3 years in county jail and a maximum $10,000 fine.

If convicted of statutory rape, the court has discretion to order you to register as a sex offender under PC 290.006. This registration can impact your reputation, career and/or family life. For example, law enforcement agencies may notify the community that you are a registered sex offender.

Why you Should Retain the Services of Wallin & Klarich

Wallin & Klarich Sex Crime Defense Attorneys have been successfully defending our clients facing statutory rape charges for over 30 years. Due to our decades of experience we are familiar with all possible legal defenses to a statutory rape charge.

Upon hiring Wallin & Klarich, we will promptly get to work with the goal of mounting your defense. We will be aggressive in our approach by preparing a thorough summary of all the relevant facts you are aware of. We will also review police reports for any information that could be favorable to your defense.

This extensive fact-gathering will allow us to tailor the most effective legal defense strategy for your case. Due to these extensive defense efforts the prosecutor may be convinced that he/she will not be able to convict you of statutory rape. Our defense efforts often lead to our clients’ cases being resolved in a very favorable manner.

When you are accused of statutory rape in California, there is too much at stake to not retain Wallin & Klarich.

We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.