You will face statutory rape charges for having sexual relations with a minor in California. For sex crime laws, a minor is any individual under the age of eighteen. Statutory rape is a serious crime charged under California Penal Code 261.5. The prosecution must prove that you engaged in sexual penetration before obtaining a conviction.

Evidence of threats or violence against a victim is unnecessary to obtain a conviction. A person can only consent to sexual intercourse if they are over eighteen years old. Therefore, you cannot escape a conviction under this statute by arguing that the minor consented to the act.

California law is stringent on individuals who commit crimes against children. The penalties for statutory rape include incarceration and fines.

If you face charges for statutory rape in California, you will require the guidance and representation we offer at the Sex Crimes Attorney. Our skilled attorneys will help you build a defense against your case and avoid the consequences of a conviction.

Overview of Statutory Rape in California

California sex crime laws are strict. You will face charges under PC 261.5 for sexual penetration with a child. As explained in this article below, a conviction for statutory rape attracts serious legal and collateral consequences.

The prosecutor must prove the following elements in court before you are convicted:

  • You had Sexual Intercourse with Someone Else

Under this statute, sexual intercourse involves the slightest form of penetration. However, evidence of ejaculation is unnecessary to obtain a conviction under PC 261.5.

  • You engaged in the Act with a Child

A minor cannot consent to sexual intercourse under California law. The prosecution must prove that you engaged in sexual penetration with a minor. A minor, in this case, is an individual under eighteen years. Unlike ordinary rape, the issue of consent does affect your conviction or sentencing for statutory rape.

  • The Alleged Victim was not your Spouse

Engaging in sexual intercourse with a minor is legal when you are married to the minor. The court cannot find you guilty of the crime if the minor is your spouse.

Sentencing and Punishment Under California PC 261.5

Statutory rape is a wobbler in California. This means that the crime can attract felony or misdemeanor charges. Although the prosecution has discretion in filing the charges, the following factors could impact the nature of your charges:

  • Your criminal history. California law is strict on repeat offenders. The prosecution can file felony charges if you have prior convictions for statutory rape or other sex crimes. This helps ensure you face the harshest possible penalty for the crime.
  • The difference in age between you and the victim. The comparison between your age and that of the victim plays a significant role in statutory rape sentencing. You will face a misdemeanor charge if your age difference is three years or less. However, if the victim was significantly younger than you, the prosecution can file felony charges againist you.

For a misdemeanor conviction under PC 261.5, the court imposes the penalties below:

  • Informal probation. Misdemeanor or informal probation lasts for up to three years.
  • A maximum jail sentence of one year.
  • A fine that does not exceed $1,000.

If you face a felony conviction for statutory rape, you could face the following:

  • Felony probation. In California, felony probation lasts for three to five years.
  • A prison sentence ranges from sixteen months up to three years. The sentence could be increased if you were over twenty years old and the victim was under sixteen.
  • A fine of up to $10,000.

Probation After a Statutory Rape Conviction

The court can sentence you to probation instead of incarceration. The court can send you to probation for felony or misdemeanor charges. A probation sentence helps you avoid spending your entire sentence behind bars.

However, probation is not available for all defendants. The court may agree to send you to probation for violating CPC 261.5 if this is your first offense and you did not cause injury to the victim.

When the court sends you on probation, the judge may impose the following probation conditions:

  • Violate no laws. Probation is served out of jail and through community service. You should not engage in any criminal acts during the three to five years of probation.
  • Visit your probation officer regularly. The court appoints a probation officer to monitor your probation sentence if you face a felony conviction. You must check in with the probation officer regularly to report your progress. The probation officer will be responsible for reporting the violation if you violate a probation term.
  • Attend sexual addiction rehabilitation programs. The judge could order that you attend a sex addiction program.
  • Submit to random drug tests. Intoxication is not a defense to statutory rape. You could be subject to random drug testing if intoxicated during the act.
  • Random searches. Law enforcement officers must have a valid warrant to search your person or home. The court may order that you submit to random searches if you are on probation for a sex crime.

If a law enforcement officer or your probation officer reports you for violation of the terms, you can be arrested and charged with probation violation. If you violate a serious probation condition, the court can sentence you to the original or maximum sentence for your crime. Additionally, you will ruin your chances of a probation sentence.

Civil Penalties for a Penal Code 261.5 Violation

Besides incarceration, the court may force you to pay civil fines. These types of fines are imposed on defendants over the age of eighteen. The civil consequences for this crime include the following:

  • $2,000 for a victim two years your junior.
  • $5,000 when the victim is two years your junior.
  • $10,000 for a victim three years your junior.
  • $25,000 when you are over twenty-one, and the victim is under sixteen.

Legal Defenses Against Statutory Rape in California

The stakes are high for California defendants facing criminal charges for statutory rape. You could face a lengthy prison sentence and a criminal record that will impact other aspects of your life after a conviction.

When you hire a defense attorney to help you navigate the case, your lawyer will help you build a defense around the following arguments:

Good Faith Belief that the Alleged Victim was Eighteen Years older

When you use this defense against your PC 261.5 charges, you admit to having had sexual penetration with a child. However, you will argue that you reasonably believed the other individual was eighteen or older. The jury will assess the crime's specific factors to ascertain if your assumptions were reasonable.

This is done by determining what a reasonable person would have done under similar circumstances. The jury considers the victim’s physical appearance and the minor's statements to make you believe they were over eighteen years old. If the alleged victim possessed a fake ID that made you think they were eighteen or older, you could use that evidence to assert this defense.

You did not Engage in Sexual Intercourse with the Victim

The first element that the prosecution must prove to establish your guilt under PC 261.5 is that you engaged in sexual intercourse with a child. With no evidence of sexual penetration, you cannot be convicted of statutory rape. Engaging in acts like lewd conduct or fondling cannot result in a conviction for this crime.

However, the prosecution may file other charges, like lewd conduct against a child for inappropriate touching of a minor.

The Alleged Victim was not a Child

Another critical element for statutory rape is that the alleged victim was under eighteen years old when you engaged in sexual penetration with them. You can argue that the other person consented to the acts when you face rape charges. However, children cannot legally consent to sexual acts.

If the victim was over eighteen years old when the act occurred, you would not be found guilty of this offense. A skilled attorney can perform thorough investigations to establish the alleged victim’s age when the sexual act happened. This could be done by presenting the identification information of the victim. If it is discovered that they were already eighteen, you will avoid a guilty verdict for the crime.

False Allegations

A statutory rape conviction has serious legal consequences for the defendant. Even after serving your jail or prison time, the conviction will remain on your record until you try to erase its effects through expungement or a certificate of rehabilitation.

Many sex crime charges are often based on false accusations. A false allegation could be intentional or the result of a mistake. Common reasons a person may feel the need to falsely accuse you of this heinous crime include anger, jealousy, or revenge. By bringing false accusations against you, the person can receive the satisfaction of watching you go to jail.

Additionally, you can be falsely accused of this offense in a bitter child custody battle. Most false allegations of child sexual abuse arise when parents are divorcing. The family court checks your background before awarding you custody or visitation. If you have a conviction for statutory rape on your record, the other parent will have the upper hand in the custody case.

You could also be mistakenly identified by the victim or witness if the crime occurred at night or in a secluded area. Facing a false statutory rape accusation can harm your freedom and personal life. If you face false accusations of statutory rape, your lawyer will help you uncover the false allegation scheme.

Frequently Asked Questions on CPC 261.5

Facing arrest and charges for statutory rape can be difficult for you and your family to comprehend. Commonly asked questions on statutory rape include:

  • If the sex was consensual, can I be charged with statutory rape?

In California, you can only consent to sex if you are over eighteen. A minor may not be able to understand the nature and consequences of the sexual acts. Sexual intercourse involving a minor is always considered a criminal offense and is charged as statutory rape. Therefore, you cannot escape a conviction by arguing that the minor consented to the act.

  • Can I be deported for statutory rape?

Sex crimes against minors are punished harshly. As an immigrant facing charges of statutory rape, your immigration status could be compromised. Deportation for crimes of moral turpitude pushes through regardless of the number of years you have spent in the United States. After your conviction for this crime, the ICE could begin proceedings to forcefully remove you from the country or render you inadmissible.

  • What are the exemptions to California statutory rape laws?

The only exemption to the statutory rape laws is when you are legally married to a minor. Unlike other states where minors close in age are allowed to engage in sexual intercourse, California does not permit such acts.

You could face a statutory rape charge if you are a minor arrested for having intercourse with another minor.

  • Does a statutory rape conviction result in sex offender registration?

Unlike many sex crimes, there is no mandatory sex offender registration after a conviction under PC 261.5. The court may order that you register as a sex offender if you face charges for this offense alongside rape or lewd conduct with a child.

When you are on the sex offender registry, every person who performs a background check can find this information. This could impact your ability to secure employment, join college, and receive professional licensing. You can avoid the harsh consequences of sex offender registration by fighting your PC 261.5 charges with the insight of a knowledgeable lawyer.

  • Can a statutory rape victim file a lawsuit?

The victim of your PC 261.5 violation can file a civil case against you. A civil case aims at recovering the physical and emotional damages you caused the victims with your criminal acts. The standard of evidence the civil court requires is lower than that needed in a criminal case. This makes it easy for you to be found liable in the lawsuit.

The judge in the civil court could order you to pay the following damages to the victim:

  • Medical expenses. Sometimes, engaging in sexual intercourse with a child could cause them serious injuries. You will be responsible for the medical bills incurred to treat these injuries.
  • Pain and suffering. Even when no physical injuries are associated with statutory rape, the court can order that you compensate the victim for the emotional suffering you caused them.

The criminal case outcome will not impact the victim’s ability to prevail in the lawsuit. However, avoiding a criminal conviction can help convince the civil court judge that you caused no harm to the alleged victim. Therefore, you must be aggressive to fight the criminal charge.

Crimes Related to Statutory Rape

A violation of California PC 261.5 is among the crimes a prosecutor can file against you in California. The prosecution can introduce charges for the following related offenses in your case:

Oral Copulation with a Minor

Engaging in a sexual act with a minor in California will result in your arrest and criminal charges. California PC 287 makes it an offense to engage in oral sex with someone under the age of eighteen. Oral sex involves contact between the mouth of one person and the genitals or anus of the other party.

You could be charged with violating PC 287 even as a minor. However, the prosecution must prove that you understood the nature and consequences of the act. When a minor and another child commit the crime of oral copulation, the charges will be dealt with in juvenile court.

Factors that impact sentencing under this statute include:

  • The difference in age between you and the child.
  • The circumstances of the case.
  • Your criminal record.

Oral copulation with a child will result in a prison sentence of three years if you face felony charges. You will spend a year in county jail if the court finds you guilty of a misdemeanor under PC 287.

The court may require you to register as a sex offender after a conviction for this crime and after you spend time in prison. The prosecution can charge you with statutory rape and oral copulation with a minor. Your sentence will be harsh if you face multiple convictions.

Rape

California PC 261 defines rape as non-consensual sexual intercourse accomplished through threats, force, or fraud. You will be arrested and charged with rape if your acts fit the following categories:

  • You acted with intimidation, physical force, or coercion against the victim. Evidence of physical injury is unnecessary under this statute. Using threats or intimidation is enough to secure a conviction under PC 261.
  • The victim of your acts could not consent to the sexual acts. In California, a physically or mentally disabled person cannot consent to sexual intercourse.
  • You engaged in sexual intercourse through deception. This occurs when you falsely misrepresent yourself to the alleged victim.

Rape is a serious sex crime in California. The penalty for rape in California is three to eight years. If you cause serious injury to the victim while committing the crime, the judge can increase your prison sentence. Additionally, the court may mandate sex offender registration for the rest of your life. Sex offender registration can be detrimental to your personal and professional lives.

Lewd Acts on a Child

You commit the crime of lewd acts on a minor when you touch a child under fourteen years old for sexual arousal or gratification. Allegations of engaging in lewd conduct with a child are not taken lightly by the court system or society. Some of the acts that could see you behind bars facing charges under PC 288 include:

  • Touching the genitals of a child.
  • Touching the breasts of a child.
  • Kissing a child’s inner thighs or genitals for arousal.

The prosecution establishes your liability under this statute by proving these elements in court:

  • You touched a part of the child’s body. Physical touch is the first element that the prosecution must prove before you are found guilty of lewd conduct. Therefore, there should be evidence of physical contact. Since no injury or penetration is necessary, the court may rely on the testimonies of witnesses and the victim. The court may favor the victim's testimony over yours in a sex crime against a child.
  • Your actions were willful. Your actions must have been willful to be convicted of lewd conduct with a child. However, a willful act must not be intended to break the law or harm another person.
  • You intended to arouse or gratify yourself sexually. Not all instances of physical contact with a minor are considered criminal. The prosecutor must prove your intentions for sexual gratification to establish your guilt.

A violation of PC 288 can attract a felony or misdemeanor charge. Regardless of your charge, you may not escape incarceration after your conviction. A competent legal representative to help you fight these charges can increase your chances of avoiding a conviction.

Find a Reliable  Criminal Lawyer Near Me

California PC 261.5 states that a minor cannot consent to a sexual act. You can be arrested and charged if you have sexual relations with a child. California law imposes harsh penalties for individuals convicted of statutory rape. This helps to protect minors from sexual predators.

Besides incarceration, the conviction can remain on your record and impact your personal and professional life. Fortunately, not all arrests for statutory rape will attract a conviction. With the guidance of a knowledgeable defense lawyer, you can build a solid defense to beat the charges and avoid the life-changing consequences.

Your choice of legal representation as you fight rape charges can make the difference between a lengthy prison sentence and walking free. At Sex Crimes Attorney, we offer top-notch legal guidance to all our clients facing charges of statutory rape and other sex crimes in California. Call us at 888-666-8480 for much-needed legal insight.