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California Penal Code 261.5 | Statutory Rape

Posted in California Law,Sex Crimes on August 12, 2024

Some sexual crimes in California occur even when both parties voluntarily engage in the sexual act and no force is involved. Statutory rape laws regulate sexual activity between two people when at least one of them is a minor. Prosecutors can charge people with this offense simply because of the ages of the parties involved, so it is important that you work closely with an experienced statutory rape defense lawyer in Riverside who can evaluate the situation and explain the possible defenses that can apply to your case. Contact the Law Offices of Graham D. Donath, APC for a free and confidential consultation to discuss your case.

What Is Statutory Rape?

California Penal Code 261.5 states that statutory rape occurs when a person has sexual intercourse with someone else who is under 18 years of age if that person is not their spouse. The prosecution does not have to prove the sexual act was nonconsensual or involved force.

Penalties for Statutory Rape

The penalties for violating California Penal Code 261.5 vary significantly based on the age difference between the parties. If you commit this offense with a minor who is not three years older or younger than you, it is considered a misdemeanor. Otherwise, the offense is a wobbler, meaning it can be charged as a felony or misdemeanor. Someone age 21 or older who engages in sexual intercourse with a minor under 16 years of age can be sentenced to a county jail term of up to one year or imprisonment for two, three, or four years.

The statute also provides for the following monetary penalties based on the alleged victim’s age:

  • A minor less than two years younger than the adult – Up to $2,000
  • A minor at least two years younger than the adult – Up to $5,000
  • A minor at least three years younger than the adult – Up to $10,000
  • A minor under 16 years of age when the adult is over 21 years of age – Up to $25,000

We offer criminal defense for statutory rape

Defenses for Statutory Rape Charges

To avoid these harsh penalties, it is crucial that you raise valid legal defenses to the charges against you. These defenses might include:

  • False accusations – The alleged victim may have lied about a sexual encounter that didn’t happen or may be making false allegations against you out of jealousy or vindictiveness.
  • Reasonable belief the victim was over 18 years old – You may have reasonably believed the other person was over the age of 18 when engaging in sexual activity with them.
  • Spousal privilege – The offense does not apply if you were married to the alleged victim.

An experienced criminal defense lawyer can evaluate your case and explain which defenses apply.

Call a Riverside Statutory Rape Defense Lawyer Today

If you have been charged with violating California Penal Code 261.5, contact board-certified criminal defense lawyer Graham D. Donath. We can review your charging documents, listen to your story, and explain the defenses that may apply. In some situations, we may be able to engage in prefiling intervention to prevent charges from being filed in the first place. Contact us online or by calling (951) 667-5293 for a free case review.