Can You Be Charged With Sexual Assault If They Lied About Their Age?

It’s a nightmare scenario – you meet someone, there’s a spark, and things get intimate. You were careful, asked their age, and they reassured you they were over 18. But later you find out they were actually underage and now you’re facing criminal charges.

So what happens if someone lies about their age and you end up accused of statutory rape? Can that false information get you off the hook? In this post, we’ll tell you what California law says about lying about age and consent, and how to fight unfair sex crime allegations.

Statutory Rape Under California Penal Code 261.5 PC

California’s statutory rape law, Penal Code 261.5, makes it illegal to have sexual intercourse with a minor – anyone under 18. The key factor is the victim’s age, not a lack of consent or presence of force.

Under PC 261.5, it’s a crime to have sex with a minor if:

• You aren’t married to the minor
• There’s any penetration, however slight
• The encounter is consensual
• You’re 3+ years older (if minor is under 16)

A common example is a 19-year-old having sex with a 16-year-old girlfriend or boyfriend. Even if it’s a consensual relationship, it’s still statutory rape.

Penalties for statutory rape range from misdemeanors to felonies carrying years in prison, depending on:

• The age difference between you and the minor
• Your criminal history
• Aggravating factors like harm to victim

On top of that, a statutory rape conviction has lifelong consequences like sex offender registration.

What If The Minor Lied About Their Age?

Here’s what you need to know – it is NOT a defense to a statutory rape charge to say the minor lied or misled you about their age.

If you had sex with someone under 18, you can still face prosecution even if:

• The minor verbally told you they were 18+
• The minor showed you a fake ID saying they were an adult
• The minor’s online dating profile listed their age as over 18
• The minor’s appearance, behavior, or statements led you to reasonably believe they were an adult

Under California law, it doesn’t matter if you reasonably believed your partner was old enough to legally consent. Statutory rape is a “strict liability” crime, meaning your knowledge or intent about the minor’s age is irrelevant.

See People v. Hernandez (1964) 61 Cal.2d 529 and People v. Scott (2000) 83 Cal.App.4th 784. The only narrow exception is if you were married to the minor at the time.

Mistaken Age Is Not a Defense to Other Sex Crimes Either

California eliminates the mistake of age defense for most sex crimes involving minors, such as:

• Penal Code 288a – oral copulation with a minor
• Penal Code 289 – sexual penetration of a minor with a foreign object
• Penal Code 288 – lewd or lascivious acts with a child under 14
• Penal Code 288.4 – arranging a meeting with a minor for lewd purposes

Simply put, the “s/he lied about their age” argument won’t fly if you get charged with a sex offense against a minor in California. The law puts the burden on adults to verify their partner’s age before engaging in sex.

Fighting Back Against Unfair Sex Crime Charges

So what can you do if someone falsely claims to be an adult, leading to statutory rape allegations? While their lie alone won’t beat the charges, you may still have strong legal defenses. These include:

• Actual innocence – you didn’t have sexual contact with the accuser
• False accusations – the accuser is lying about sexual activity
• Insufficient evidence – lack of physical/scientific proof of sex acts
• Violation of your constitutional rights – e.g., coerced confession, illegal search
• Biased or unreliable witness testimony

Additionally, factors like mental disability or manipulation by the minor could potentially support a legal defense in your case.

The key is to have an experienced sex crimes defense lawyer investigate every angle to undermine the prosecution’s case. Your attorney should put the accuser’s credibility and motivations under a microscope and file motions to exclude any illegally obtained evidence.

In some cases, it may be possible to negotiate a favorable plea deal to lesser charges that avoid the harshest consequences of a statutory rape conviction. But you’ll need a knowledgeable lawyer to pursue this strategy effectively.

Get an Experienced Statutory Rape Defense Lawyer

Being falsely accused of statutory rape after someone lies about their age is incredibly stressful and scary. The potential penalties and stigma can derail your entire life. Even if the minor deceived you, that alone may not save you from conviction.

If you’ve been charged with statutory rape or a sex crime in California, you need serious legal representation right away. Trying to explain how the accuser misled you about their age won’t cut it without a strategic, thorough defense.

At the Nieves Law Firm, we’ve successfully defended many people accused of sex offenses based on false information. We know how to poke holes in the DA’s case, get illegally obtained evidence tossed out, and pursue every factual and legal defense on your behalf.

Don’t let one encounter based on a lie turn into a life-ruining conviction. Contact us today for a confidential consultation. We’ll give you an honest assessment of your case and your options to fight the charges. With so much at stake, let us help level the playing field.