You can be charged with statutory rape for sleeping with a minor, regardless of the minor's consent. Statutory rape has severe consequences and is also one of the crimes where false accusations are common. If you or a loved one are facing statutory rape charges in Pasadena, CA, contact the Michele Ferroni Pasadena Criminal Attorney Law Firm for legal advice and representation during the criminal proceedings.

Overview of Statutory Rape

Statutory rape is the crime of having non-forcible sexual intercourse with or between minors. This is a significant distinction from rape which usually requires the use of force, violence, or fraud.

Penal Code 261.5 defines statutory rape as the crime of:

  • Engaging in sexual intercourse with another person,

  • When the persons involved in the intercourse were not married to each other, and

  • The victim was aged under 18 at the time they had sexual intercourse.

Statutory rape does not require the alleged victim to consent to sex with the defendant – all the prosecution needs is to prove that the alleged victim was a minor at the time of the offense.

Statutory rape is based on the premise that minors cannot legally consent to sexual intercourse until they attain 18 years in California.

Their legal inability to consent to sex means that two minors engaging in sexual intercourse can be charged with statutory rape even if they are in a loving relationship. While cases of prosecuting minors for statutory are rare, they can happen. The minors would be charged in a juvenile court.

Unfortunately, California does not have a Romeo and Juliet law to protect minors who engage in consensual sex with each other or with people around their age.

The nature of statutory rape also makes it easy for parents or alleged victims to slap false accusations against the defendant in retaliation, as the court only requires proof that the alleged victim was under 18 years old at the time of the offense.

The court also considers the age difference between the alleged victim and the defendant—the more significant the age difference between the alleged victim and the defendant, the steeper the penalties.

Penalties and Sentencing

Statutory rape is a wobbler in California. The court can charge the offense as a misdemeanor or a felony based on the facts surrounding the case. The age gap between the defendant and the alleged victim are significant considerations that help the court determine whether to charge an offense as a misdemeanor or a felony.

When a defendant is not more than three years older than the alleged victim, the offense is always charged as a misdemeanor. Where the alleged victim is more than three years younger than the defendant, the crime becomes a wobbler.

Statutory rape can also be charged as a wobbler where the alleged victim was aged sixteen or under and the defendant was at least 21 at the time of the offense. You are likely to face steeper penalties for the felony offense in such cases.

If the offense qualifies as a wobbler, the prosecution considers your criminal history and the case's specifics to determine whether to charge you with a felony or a misdemeanor.

Statutory rape as a misdemeanor carries a maximum jail sentence of one year or informal probation instead of the jail sentence. The offense also attracts a fine ranging up to $1000.

When charged as a felony, statutory rape carries a sentence of 16 months, two years, or three years. If the alleged victim was aged 16 or under and the defendant was aged 21 or older, the sentence increases to two, three, or four years.

Felony statutory rape also carries a fine of up to $10,000. The court might sentence you to a year in county jail and felony probation in some cases instead of serving the full term incarcerated.

In addition to these criminal penalties, defendants facing statutory rape charges face civil penalties. A victim can only bring a civil lawsuit against an adult defendant. The specific penalties depend on the age of the victim as well. They include:

  • If a defendant was not more than two years older than the defendant, they might have to pay up to $2000

  • If the defendant was at least two years older than the alleged victim, the maximum fine increases to $5000

  • You’d be required to pay up to $10,000 if the alleged victim was at least three years younger than you are

  • If you committed the alleged offense when the defendant was 16 or younger, and you were 21 or older, you might be ordered to pay a maximum of $25,000

Possible Legal Defenses for Statutory Rape Charges

A solid defense is the only chance to fight the charges against you. You could represent yourself in a criminal case; the best approach is working with a criminal defense lawyer skilled in dealing with similar cases and the criminal justice system.

An experienced criminal defense lawyer will prepare and present the criminal defense on your behalf.

Some of the defenses the criminal defense lawyer might use include:

  1. You Had an Honest and Reasonable Belief that the Alleged Victim Was Aged 18 or Above

In statutory rape, the prosecution must prove that the alleged victim was a minor at the time of the offense. Therefore, if you met a person you honestly and reasonably believed was a legal adult, you can use this as a defense in court.

When using this defense, you have the burden to prove that anyone in your position would have believed the alleged victim was aged 18 or older.

For instance, you might have met a woman claiming to be 21 at a bar while hanging out. Later on, you have sexual intercourse with her believing she is a 21-year-old woman. However, she feels ashamed for engaging in intercourse with you and reports you for unlawfully sleeping with a minor.

In such cases, your attorney can help you establish that you believed honestly and reasonably that the woman was an adult capable of consenting to sexual intercourse.

  1. False Accusations

False accusations are common in cases of statutory rape. Without the proper defense, you might serve time for a crime you did not commit. In cases such as forcible rape, the prosecution often looks for additional evidence such as medical records.

However, in cases of statutory rape, the court primarily focuses on the age of the person with whom you had sexual intercourse. This creates a lot of room for false accusations to flourish.

Your best bet is to contact a lawyer immediately, when falsely accused of statutory rape. Avoid talking to the police officers about the crime without your lawyer. Your words cannot be used against you during the criminal trial by remaining silent.

It also allows your defense attorney to focus more on developing a solid defense strategy to fight your charges. Allegations of statutory rape often arise for retaliation, revenge, and false identification.

If you are falsely accused, your attorney could provide various defense alternatives such as:

  • Provide an alibi if you were not present during the offense.

  • Providing witness testimony

  • Establishing the relationship you have with the alleged victim

  • Determining the alleged victim’s motive in falsely accusing the defendant of statutory rape. For instance, if the victim has made a false accusation previously, it is more likely that they would make the same accusation with another person.

Related Offenses

Statutory rape is an offense committed against minors. The defendant could be minor in some cases, but the charges are often brought against adults having sexual intercourse with minors.

Since statutory rape is a crime against minors, the prosecution can charge you with alternative sex crimes against children. Some of the common sex offenses against minors include:

  1. Oral Copulation with a Minor

California Penal Code 287 makes it a crime for a person to participate in oral copulation with a minor. The law defines oral copulation as any contact between a person’s mouth with another person's sexual organ or anus.

When charged with oral copulation with a minor, penetration, slight touch, or the absence of ejaculation, do not work as legal defenses. Like statutory rape, minors can be charged with oral copulation with a minor if the prosecution can prove that the defendant knew that what they were doing was wrong.

The penalties for oral copulation with a minor depend on the age of the victim and the offender. If the victim was aged 16 or older and the defendant was 21 or younger at the time of the offense, the crime is charged as a wobbler.

Therefore, the crime could be a misdemeanor or a felony, depending on the circumstances of the offense and your criminal history.

When charged as a misdemeanor, oral copulation with a minor carries a penalty of one year in county jail and a fine of up to $1000. Alternatively, they can sentence you to summary probation instead of your jail sentence.

Felony oral copulation with a minor attracts a minimum sentence of 16 months and a maximum of three years in state prison, with the possibility of a maximum of $10,000 in fines.

If the victim was under 16 years and the defendant was older than 21 years, oral copulation is charged as a felony. If convicted, the defendant could spend 16 months, two years, or three years in state prison.

Where the victim was under 14 years, and the offender was more than ten years older than the victim, the crime becomes a felony punishable by 3,6 or 8 years in state prison.

Oral copulation with a minor could result in the requirement to register as a sex offender. The period in which you need to be a registered sex offender will depend on both the offender’s and victim’s age at the time of the alleged crime.

If charged with misdemeanor oral copulation with a minor, you will be required to register as a sex offender for at least ten years. The same registration requirement can be required of defendants convicted of a felony but did not use force during the offense.

For those convicted of felony oral copulation where the minor was aged 14 years, and the defendant was older than the victim by ten years and did not use force, the minimum registration requirement is 20 years.

High-level offenders convicted of oral copulation with a minor using force or coercion must register as sex offenders for life. Lifetime registration is also required for those who engage in oral copulation with a minor in concert with another person or when the minor is too intoxicated to consent.

  1. Lewd or Lascivious Act with a Child

California Penal Code 288 describes lewd or lascivious acts with a child, known as child molestation. The law defines a lewd act as touching a child or causing them to touch themselves for sexual purposes.

It is commonly charged when a defendant fondles a child’s sexual organ or commits an overt act of sexual molestation. It can also be charged when a person touches a child over their clothing or urges a child to touch themselves with the intent to arouse the defendant.

This crime does not require that the defendant be sexually aroused; all the prosecution has to prove is that the defendant intended to arouse themselves, the child, or another person.

As with most sex crimes against minors, the penalties of sexual molestation depend highly on the child's age, the use of force, coercion, threats, or violence, and the defendant's age if the victim is 14 or 15 years old.

The penalties for child molestation include:

  • A state prison sentence of 3, 6, or 8 years for child molestation on a child under 14 where the defendant used no force. You must also pay a fine of not more than $10,000.

  • The child was under 14, and the defendant used force; the offense attracts a prison sentence of 5, 8, or 10 years and a fine of up to $10,000.

  • Where the child was under 14 and the crime caused bodily harm, the offense is a felony punishable by up to a life sentence.

  • Where the child is 14 or 15 years and is at least ten years younger than the defendant, the offense has a prison term of 1, 2, or 3 years and $10,000 in fines. Alternatively, the court can sentence you to a year in county jail and $1000 in fines.

  • If the defendant molested a child aged 16 or 17, the crime is charged with sexual battery or statutory rape.

  • If you are a habitual sex offender, you will receive 25 years to life.

  • If a caretaker committed the act against a dependent child, the offense attracts 5, 8, or 10 years in state prison and a fine not exceeding $10,000.

Child molestation also requires registration as a sex offender.

  1. Sending Sexually Explicit Content to a Minor

California penal code 288.2 prohibits distributing, sending, and exhibition of harmful and obscene materials to minors intending to arouse or seduce a child.

During the criminal proceedings for violations of PC 288.2, the prosecution must prove that:

  • The defendant knowingly sent, distributed, exhibited, or intended to distribute harmful material to a minor

  • The defendant knew or should have known that they sent the materials to a minor

  • The defendant acted intending to arouse the sexual desires, passions, or lust of the minor or themselves

  • The defendant acted intending to engage in sexual intercourse, oral copulation, or sexual activity with the minor

Note: the court can charge you with distributing sexually explicit content to a minor if you failed to exercise reasonable care in ascertaining the recipient's age.

Sending sexually explicit content to a minor is a wobbler offense. The misdemeanor charge carries a maximum penalty of a year in jail and $1000 in fines.

A felony conviction, on the other hand, carries a maximum state prison sentence of three years with the possibility of paying a maximum fine of $10,000, in addition to the lifetime requirement for registering as a sex offender.

The crime can also result in the deportation or inadmissibility of non-citizens.

  1. Arranging a Meeting with a Minor to Engage in Sexual Conduct

The rise of the internet motivated the passing of the California Penal Code. 288.4 targeting predators looking for minors through chat rooms and other online platforms.

Penal code 288.4 prohibits arranging meetings with a minor to engage in sexual contact at the meeting. This crime prosecutes those who express the intention to engage in sexual conduct with a minor. Such behavior might include:

  • Exposing their genitals or rectal area

  • Engaging in lewd or lascivious acts with a minor

The elements of the offense include:

  • The defendant arranged to meet a minor or someone they believed was a minor

  • The defendant was motivated by an abnormal or unnatural sexual interest in children

  • The defendant intended to engage in sexual activity, lewd or lascivious acts, expose their genitals to the minor, or have the minor engage in this conduct

Whether or not you engage in sexual activity with the minor does not act as a defense against a violation of PC 288.4. This crime is unique from other sex crimes against minors because it targets people who actively pursue children for sexual gratification.

Therefore, even if the defendant arranges a meeting with a person they believe to be a minor, they are still guilty under PC 288.4. For instance, if the defendant agrees to meet with 30-year-old undercover police posing as a minor, the defendant is still guilty of arranging a meeting with a minor to engage in sexual conduct.

Arranging to meet a minor for sexual reasons is usually charged as a misdemeanor with a maximum jail term of one year and a fine of up to $5000.

In some cases, the court can convict you of a felony based on the circumstances of the offense and criminal history. A defendant with a previous conviction for a sex crime that required registration as a sex offender is convicted of a felony if found guilty of arranging a meeting with a minor for sexual conduct.

The penalties, in this case, are up to three years in state prison or formal probation and a fine of up to $10,000.

If you arrange a meeting and show up for the meeting, the offense is also a felony with a minimum of two and a maximum of four years in state prison.

Both misdemeanor and felony convictions for violating PC 288.4 attract the requirement to register as a sex offender.

  1. Engaging in Sexual Acts with a Child Under 10

Any adult who engages in certain sexual acts with a child under ten years violates California PC 288.7. the law makes it a crime to engage in sexual intercourse, oral copulation, sodomy, or sexual penetration with a child.

Engaging in sexual acts with a child agedten0 years or younger is a felony punishable based on the type of sexual conduct the offender committed.

Oral copulation or sexual penetration with a child has a state prison sentence of 15 years to life. Where the defendant engaged in sodomy or sexual intercourse with the child, the penalty increases to 25 years to life in state prison.

In addition to these criminal penalties, the defendant is prohibited from having any contact with the victim via a criminal protective order.

Find a Criminal Defense Lawyer Near Me

It is unlawful to engage in sexual conduct with a minor, whether or not they provided consent. Statutory rape charges are filed against children and adults who have sex with minors. If you or a loved one are facing these charges, it's best to work with a sex crimes defense attorney. Michele Ferroni Pasadena Criminal Attorney Law Firm in Pasadena helps people charged with sex crimes against minors to put up a defense against these charges. For more information about your case and what to expect, call us at 626-628-0564.