Statutory rape can be defined as a sexual act in which the alleged victim isn't of legal age to consent to the conduct. A conviction not only carries penalties like serving time and fines but also affects your employment opportunities and reputation. If you are charged with statutory rape in Los Angeles, the mistake of age defense is not enough to protect you from incarceration. You require a skilled team of attorneys like The LA Criminal Defense Law Firm working for you.

Understanding Statutory Rape Law

Although it is a reality that most teenagers in Los Angeles are sexually active, this fact does not prove that the minors have the right to engage in sexual intercourse. It is a crime for an adult to engage in sex with a person below eighteen years of age, regardless of whether the sex is consensual. The law presumes that the minor cannot consent to have sexual intercourse.

Every eight minutes, a teenager in California gives birth. And of the children born to high school attending mothers in California, seventy-five percent are fathered by men who are legal adults. The Aid to Families with Dependent Children (AFDC) and Medi-Cal cost for one teen pregnancy, birth, and one-year support is more than ten thousand dollars. That means teen pregnancies cost taxpayers a considerable amount of money annually.

As a result, statutory rape law is aggressively enforced, and courts are not lenient. If accused of statutory rape in Los Angeles, it is essential to seek legal assistance regardless of whether you are innocent.

Elements of the Offense

To be found guilty of the violation of Penal Code Section 261.5 PC, the prosecution should establish all the following facts of the offense:

  • The accused had sex (please note, any level of penetration irrespective of how small is considered as sex, even when there was no ejaculation)

  • The people involved in sexual intercourse weren't married to one another during the commission of the offense

  • The victim was below eighteen years when the defendant committed the crime

It is worth noting that the fact that the child below 18 is married to another person or was married doesn't excuse responsibility for the crime in question.

Unlike usual consent, in PC 261.5, there aren't requirements for the prosecution to present evidence that the victim didn't give permission to the sexual conduct or that there was an application of force in realizing the sexual behavior. It is one of the significant facts of the offense as far as California rape law is concerned.

Moreover, a statutory rape criminal charge can stem from an otherwise loving and caring relationship. What matters here is the age of the parties involved.

Determining Age

An individual is believed to be a year older a minute following midnight (12:01 am) on his/her birthday.

For instance, Stacy is 17, and her boyfriend, Dennis, is 20. Dennis is aware and concerned about the penalties attracted by statutory rape. Therefore, they decide to wait until Stacy is eighteen before they engage in sex. Stacy's birthday is on June 12. Before her birthday, they stay up late at night and have sex after midnight. In this case, Dennis cannot be accused of a violation of statutory rape law because Stacy is eighteen.

A Minor Could be Prosecuted for Statutory Rape

You could be prosecuted for Penal Code Section 261.5, regardless of whether you were below 18 when you engaged in sex. Technically, this scenario is ridiculous. The accused is also the alleged victim of their statutory rape. However, that is the law.

Most prosecutors do not prioritize prosecuting teenagers for engaging in sexual intercourse with other minors. However, that does not mean it cannot take place.

A PC 261.5 crime where the accused is also under 18 years of age will be prosecuted in a juvenile court.

Penalties, Consequences, and Sentencing

Violation of PC 261.5 is a California wobbler. In other words, it can be charged either as a felony or a misdemeanor.

The following circumstances determine how statutory rape will be prosecuted and how the crime is punished:

  • If the victim is less than three years younger than the defendant, the crime is a misdemeanor.

  • If the victim is three years younger than the defendant, the crime can be charged either as a felony or a misdemeanor.

  • If the defendant is at least twenty-one, and the victim is below sixteen years during the sexual intercourse, the defendant could be charged with either a felony or a misdemeanor. However, in this case, a felony carries severe penalties compared to the situation outlined in number 2 above.

If number two or three applies, when determining whether to prosecute a defendant with a felony or a misdemeanor, the prosecutor will put their criminal history and specific case facts into account.

Penalties Attracted by a California Misdemeanor

If charged with a misdemeanor, you will face the following penalties:

  • Summary (misdemeanor or informal) probation

  • A year in county jail

  • A maximum fine of one thousand dollars

Felony Consequences

  • A felony is punishable by:

  • Probation (can either formal or informal felony probation) alongside a maximum of a year in county jail

  • A sixteen-month, two-year, or three-year jail sentence. If the accused was at least twenty-one and the alleged victim was below sixteen, the term is two, three or four years

  • Ten thousand dollars in fine

Civil Penalties

On top of the above penalties, you could also receive civil consequences. A civil penalty is a non-criminal fine that you pay alongside paying fines and incarceration. Only an adult defendant can pay civil penalties.

The civil penalties amount paid depends mainly on the age disparity between the accused and the victim. The consequences include the following:

  • Two thousand dollars if the defendant is not two years older than the alleged victim

  • Ten thousand dollars if the defendant is more than three years older than the alleged victim

  • $25,000 in case the accused was above twenty-one years of age and the victim was below sixteen

Does Violation of Penal Code Section 261.5 PC Require You to Register as a Sex Offender?

A PC 261.5 conviction does not require a California sex offender registration.

However, related offenses like lascivious conduct with a minor or rape require the registration.

How to Fight a Statutory Rape Charge

There are numerous valid defenses to Penal Code Section 261.5 PC charges that your criminal defense attorney can use. They include:

You Reasonably and Honestly Thought the Victim was Above Eighteen Years of Age (Mistake of Age Defense)

If the defendant reasonably and honestly thought the victim was not a minor during the sexual intercourse, the defendant cannot be sentenced for violation of Penal Code Section 261.5 PC. This defense is more specific than the general defense of mistake of fact.

The following proof can be used to support this legal defense:

  • The victim told you they are above eighteen years of age

  • The victim's appearance and attire

  • The victim was in an adult venue, party, or bar

  • The minor had an identification card that showed they were above eighteen years

False Allegations

Like other sex crimes, PC 261.5 is vulnerable to false allegations. Often the charges stem from anger, revenge, jealousy, or maybe the child's parent does not like the person the minor is dating.

Any experienced criminal defense attorney will advise that you remain silent if you're accused of statutory rape. Do not attempt to tell the police anything. Your attorney will investigate the case and prove your innocence.

Consent Isn't a Valid Legal Defense

As previously mentioned, it is a crime to engage in sexual conduct with a child even when the minor consented.

The law deems the minor lawfully not capable of giving permission. California correctly or incorrectly thinks that a minor is young to understand the repercussions of the conduct.

Related Offenses

Offenses that could be charged alongside or in place of statutory rape include the following:

California Penal Code Section 288 PC (Lewd Act with a Minor)

Violation of PC 288 happens when you willingly touch the body or any body part of a child fourteen years or below (sometimes it can be 15 years) with an intent to appeal, arouse, or gratify your lust, sexual desires, or passions or that of the minor. You could be charged with PC 288 even if you touched the minor over the clothing provided there was intent to arouse, appeal, or gratify yourself or the child sexually. Intercourse isn't a requirement as far as this crime is concerned.

Also referred to as child molestation, lewd conduct with a minor is a California felony. It is punished by eight years in state prison. You are also required to register as a sex offender under PC 290.

While it might seem that a person who commits PC 261.5 also violates PC 288, that isn't always the case. Statutory rape needs a general intention to have sex with the minor. PC 288, on the other hand, requires the intent to gratify or arouse lust, sexual desires, or passions.

Because statutory rape carries less severe penalties than lascivious conduct with a minor, defendants who are originally prosecuted for child molestation can request plea bargain negotiations. That way, they avoid the requirement to register as a sex offender.

California Penal Code Section 261 PC (Rape)

Violation of PC 261 happens when a defendant engages in sexual conduct with somebody else without the victim's consent. It is accomplished through fraud, threats, or the application of force.

Rape is a felony that carries an eight-year sentence. It requires registering as a sex offender for life. Moreover, it is a California strike under the Three Strikes Laws.

Rape charges can originate from false allegations motivated by a break-up, jealousy, or revenge. If your ex-boyfriend or girlfriend you dated when they were below 18 years of age blames you for rape, you risk facing both rape and statutory rape charges.

In this case, it is essential to engage a seasoned defense lawyer. The attorney will help in fighting the charges or seek to have the rape charge dismissed.

Can a Civil Claim be Filed Against You?

Victims who believe that they suffered damages due to a violation of PC 261.5 are entitled to file a sexual assault claim.

The burden of proof in the civil claim is a preponderance of the evidence. In other words, the jury should determine that there is a possibility that you abused or assaulted the plaintiff. However, the plaintiff will not win the case if there is a "they-said" situation. The jury might find you responsible even if fifty-one percent of the plaintiff's side of the story is true.

If at least nine of the twelve jurors think you committed the offense, you could compensate the plaintiff for damages even when the charges were not brought, or found innocent in a trial.

You will pay compensatory damages like:

  • Medical expenses

  • Lost income

  • Pain and suffering

  • Lost earning capacity

  • Psychological counseling

Understanding Romeo and Juliet Law

Under Romeo and Juliet law, it's not always an offense to engage in sexual conduct with a child below 18 years of age. Named after Shakespeare's young lovers, "Romeo and Juliet," the purpose of the law is decriminalizing teenage sex. Generally, the law allows a person above fourteen years to consent to sex but with a person who is less than three (3) years older. It serves to reduce the charge from a felony to a misdemeanor. California doesn't have the Romeo and Juliet law.

As previously stated, it is unlawful for an individual to have sex with a child (even another child). The only exception is if the involved parties are married. Under California Family Code Section 302, a minor cannot lawfully marry without a court order.

Is There a Statute of Limitations on California PC 261.5?

Before you know the statutory rape penalties you might face, you need to know the statute of Limitations provisions for the offense. In Los Angeles, the prosecution team should bring a charge within a given timeframe, as provided for in the Statute of Limitations. In case the charges are not brought within the deadline, you can't face charges of the offense unless specific exemptions are present in the case.

The deadline exists because lawmakers think people shouldn't be permitted to be prosecuted years following the commission of the offense. Being charged years later makes it challenging for the defendant to defend themselves because:

  • Witnesses may not be located or might be deceased.

  • They might experience challenges recalling where they were when the crime happened, making it hard to use the alibi legal defense.

  • Physical proof can be lost or deteriorate over time.

The Statute of Limitations’ period for PC 261.5 violations hinges on the severity of the crime, especially the age disparity between the victim and the accused:

The crime is a California misdemeanor if you are less than three (3) years older than the victim during sexual intercourse. The Statute of Limitations is a year.

If you're three years older than the minor during the commission of the crime, you will face a wobbler. The Statute of Limitations is a year and three years for a misdemeanor and felony, respectively.

Nevertheless, that does not always imply that you cannot face a criminal charge if three (3) years have elapsed. According to Penal Code 803 PC, the DNA exception law permits a prosecutor to prosecute you if DNA proof conclusively shows you as the defendant. To be charged with PC 261.5 under this exception, the statements below should be correct:

  • The incidence happened after January 2001.

  • The DNA was collected and analyzed within two (2) years of the crime.

If the DNA proof shows you as the suspect, the prosecution has a year to bring the charges.

Different Legal Strategies for Fighting Statutory Rape Charges

Any experienced sex crime defense attorney knows that sexual misconduct accusations demand an independent investigation and early intervention. The attorney will use the following strategies:

Negotiating with the Police

Police officers in California take statutory rape allegations seriously. Therefore, in most cases, they arrest the suspects before asking them questions. Fortunately, sometimes all it takes for the police to drop the case is a proficient attorney presenting their client's side of the story.

Private Investigation

Often accusers misinterpret situations. Or they identified the wrong person. They could also be lying.

Your attorney should be able to work with private investigators. They will also investigate witnesses and the accuser. That way, they will be able to tell if the witness or victim is biased or incredible.

Private Polygraph Testing

While a polygraph test is not admissible in a court of law, it can be instrumental in beating statutory rape charges. Should the test show that you are not lying, the attorney will reveal the result to the prosecution. This can result in the prosecution team, reducing or dropping the charge.

Sentencing Mitigation

Sex crime defendants have an opportunity to present mitigating factors during their sentencing. It permits the court to impose a lenient sentence. Common mitigating factors that can work in your favor include:

  • You thought the conduct was lawful

  • You don't have a previous criminal record

  • Your previous performance on parole or probation was satisfactory

Pre-trial Advocacy and Motions

With a strong defense, you can file a motion to suppress evidence. Your attorney can also convince the prosecution that your case is too weak to proceed to trial, or you are innocent.

Frequently Asked Questions

Some of the most common questions the legal team at The LA Criminal Defense Law Firm answer include the following:

  1. Can You be Accused of Statutory Rape for Engaging in Oral Sex with a Child?

No. PC 261.5 requires that the defendant engages in a sexual act with the alleged victim that involves penetration of a vagina by a penis. That means engaging in oral sex with a child cannot result in criminal liability per statutory rape law. However, you could be charged with Penal Code Section 288a (oral copulation).

  1. Who Can File a Statutory Rape Charge Against You?

The minor's parents can file civil or criminal charges against you. The state can also bring the charges. Both the state and parents do not require the cooperation of the minors to do so.

The minor can also file a civil lawsuit for emotional or physical distress suffered.

  1. What is the Age of Consent

Eighteen years of age. All U.S. states have the age of consent laws. The law determines the lawful age that an individual should consent (an ongoing or affirmative process) to sexual intercourse. In California, a female or male should be at least eighteen before they can voluntarily engage in sexual conduct. That means if a legal adult has sex with a child, they violate the age of consent law and could be charged with statutory rape.

The age of consent law is tailored to deter persons 18 years or older from having underage sexual partners. Like previously mentioned, the children aren't old enough to decide on the emotional and physical risks of sex wisely.

  1. Can a Statutory Rape Charge Be Dropped at the Alleged Victim's Request?

When accused of PC 261.5, the accuser will report the incident's details to the law enforcers. Once they have submitted a statement to the law enforcement agency, they can't go back and have the charge dropped. While they can recant their statement, they can be prosecuted for lying to the law enforcers, and there isn't a guarantee the charge will be dropped.

After being accused of PC 261.5, the law enforcer will create a report that is forwarded to the district attorney. The DA is one who decides whether the charge will be filed formally. The accuser recanting their previous statement could assist persuade the DA not to bring the charges. However, charges are occasionally dropped at the victim's request.

Find a Sex Crime Criminal Defense Attorney Near Me

Statutory rape is a heinous offense and is vigorously charged in Los Angeles. A conviction might cause probation, serving time, fines, and stigma. Even when you are not found guilty, being charged with this sex crime can negatively affect your reputation. At The LA Criminal Defense Law Firm, we are ready to walk with you throughout the criminal process. We also can assist you in devising a plan to defend the charge so that you can avoid statutory rape penalties. Call us today at 310-935-1675 to get the case started.