Statutory rape is the act of having sex with an individual who is under the age of consent. In most cases of statutory rape, the sex was consensual (not forced) but by law it is viewed as rape because at least one of the individuals involved was under the age of consent. What is the age of consent? In the state of California, the age of consent is 18. At this age, the law views an individual as capable of making their own choices and discerning for themselves. In these types of cases, the underage individual is always the victim. This is true even if it was the minor who initiated.
False allegations can be common with this particular type of sex crime, and possibly allegations that stem from revenge. Statutory rape is a sex crime just as other types of rape or abuse, so they should be dealt with very seriously. If you are being accused of statutory rape, do not hesitate to get in touch with a Los Angeles criminal defense lawyer at our firm. Okabe & Haushalter has a national reputation for the effective representation of those accused of sex crimes such as this. Our goal is to get our clients’ charged reduced or dismissed outright.
California Penal Code 261.5
The statutory rape laws in California are detailed in § 261 of the penal code. Subsection five is particularly lengthy and details the penalties for various scenarios involving sex with a minor.
According to 261.5(a) of the penal code,
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.
The statute goes on to explain that:
Intercourse with a minor that is less than three years younger than the perpetrator is guilty of a misdemeanor. (§ 261.5b)
Intercourse with a minor that is more than three years younger than the perpetrator could be guilty of a misdemeanor or a felony. (§ 261.5c)
Intercourse with someone under the age of 16 when the perpetrator is 21 years or older could be a misdemeanor or felony. (§ 261.5d)
According to § 261.5e of the penal code, the penalties for individuals convicted of statutory rape are as follows:
An adult who has sex with a minor who is less than two years younger can be punished up to $2,000 in fines.
An adult who has sex with a minor who is two or more years younger can be punished up to $5,000 in fines.
An adult who has sex with a minor who is three or more years younger can be punished up to $10,000 in fines.
An adult who has sex with a minor under 16 can be punished up to $25,000 in fines.
Contact A Los Angeles Sex Crime Attorney Today!
If you have been arrested for statutory rape and are facing the penalties that have been detailed above, do not hesitate to contact a Los Angeles sex crime lawyer from Okabe & Haushalter. Our firm has never been one to shy away from these types of cases. If you seek aggressive defense on your behalf, call today and receive a free case evaluation.
The Los Angeles criminal defense attorneys at Okabe & Haushalter are ready to fight to tooth and nail for you. You have most likely heard of our firm from our television appearances, newspaper articles and other media from the national and international covered cases we have handled.