Arrested for Statutory Rape (Penal Code § 261.5) in California?

If you’ve been charged with statutory rape under California Penal Code § 261.5, you’re dealing with allegations that could dramatically impact your life. The law takes these charges seriously, with penalties ranging from misdemeanors to felonies depending on the age difference between the parties involved. Before making any statements or decisions, you need to know exactly what these charges mean and the specific defenses available to protect your rights and your future.

What is Statutory Rape in California?

California Penal Code § 261.5 defines statutory rape as “unlawful sexual intercourse.” The law states:

“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 18 years of age and an ‘adult’ is a person who is 18 years of age or older.”

It’s important to note that this law applies even if the minor consented to the sexual act. In California, individuals under 18 are legally considered unable to consent to sexual intercourse.

Key Elements of Statutory Rape Charges

To prove statutory rape, the prosecution must establish:

1. The defendant had sexual intercourse with another person
2. The two people were not married to each other at the time
3. The other person was under 18 years old at the time of the intercourse

Unlike other sexual assault charges, force or lack of consent is not an element of statutory rape. The act itself is considered unlawful due to the age of the minor involved.

Age Differences and Penalties

The penalties for statutory rape in California vary based on the age difference between the defendant and the minor. Let’s break down the different scenarios:

1. Three Years or Less Age Difference

Penal Code § 261.5(b) states:

“A person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor.”

In this case, the offense is always charged as a misdemeanor. The potential penalties include:

• Up to 6 months in county jail
• A fine of up to $1,000
• Informal probation

2. More Than Three Years Age Difference

According to Penal Code § 261.5(c):

“A person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.”

This is known as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony. The potential penalties include:

For a misdemeanor:

• Up to 1 year in county jail
• A fine of up to $1,000
• Informal probation

For a felony:

• 16 months, 2 years, or 3 years in state prison
• A fine of up to $10,000
• Formal probation

3. Defendant 21 or Older, Minor Under 16

Penal Code § 261.5(d) provides:

“A person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.”

This is also a wobbler offense, but with more severe potential penalties:

For a misdemeanor:

• Up to 1 year in county jail
• A fine of up to $1,000
• Informal probation

For a felony:

• 2, 3, or 4 years in state prison
• A fine of up to $10,000
• Formal probation

Civil Penalties

In addition to criminal penalties, defendants may face civil penalties. Penal Code § 261.5(e) outlines these penalties:

1. If the minor is less than two years younger than the adult: up to $2,000
2. If the minor is at least two years younger than the adult: up to $5,000
3. If the minor is at least three years younger than the adult: up to $10,000
4. If the adult is over 21 and the minor is under 16: up to $25,000

These civil penalties are in addition to any criminal fines and are deposited into the Underage Pregnancy Prevention Fund.

Sex Offender Registration

Unlike many other states, a conviction for statutory rape in California does not automatically require registration as a sex offender. However, the judge has the discretion to require registration in certain cases, particularly if the offense is charged as a felony.

Legal Defenses for Statutory Rape Charges

If you’re facing statutory rape charges, several legal defenses may be available:

1. Mistake of Age

If you had a good faith and reasonable belief that the minor was 18 or older, this could be a valid defense. However, you must be able to show that you took reasonable steps to verify the person’s age.

2. Marriage

If you were legally married to the other person at the time of the sexual intercourse, this is a complete defense to statutory rape charges.

3. No Sexual Intercourse Occurred

If you can prove that no sexual intercourse actually took place, this would negate a key element of the charge.

4. False Accusation

Unfortunately, false accusations do occur. A skilled defense attorney can investigate the circumstances and potentially uncover evidence of a false accusation.

5. Insufficient Evidence

The prosecution must prove every element of the crime beyond a reasonable doubt. If there’s not enough evidence to meet this high standard, you should not be convicted.

The Legal Process for Statutory Rape Charges

Understanding the legal process can help you prepare for what’s ahead:

1. Investigation: Police gather evidence and interview witnesses.
2. Arrest: If there’s probable cause, an arrest is made.
3. Booking: You’re photographed, fingerprinted, and your personal information is recorded.
4. Arraignment: You appear in court to hear the charges and enter a plea.
5. Bail Hearing: The judge decides whether to grant bail and sets the amount.
6. Preliminary Hearing: For felony charges, the prosecution must show there’s enough evidence to proceed to trial.
7. Pretrial Motions: Your attorney may file motions to suppress evidence or dismiss the case.
8. Plea Bargaining: Sometimes, a plea deal may be negotiated.
9. Trial: If the case goes to trial, both sides present evidence and arguments to a jury.
10. Verdict: The jury decides whether you’re guilty or not guilty.
11. Sentencing: If found guilty, the judge determines the sentence.

What Most People Don’t Know About Statutory Rape Charges

1. Mutual Consent Doesn’t Matter: Even if both parties agreed to the sexual act, it’s still illegal if one party was under 18.
2. Gender Doesn’t Matter: Both males and females can be charged with statutory rape.
3. Both Parties Can Be Charged: If both individuals are under 18, it’s possible for both to be charged with statutory rape.
4. No Time Limit for Reporting: There’s no statute of limitations for statutory rape in California if the offense occurred on or after January 1, 2017.
5. Civil Lawsuits Are Possible: Even if criminal charges aren’t filed, the minor or their family could potentially file a civil lawsuit.
6. Impact on Professional Licenses: A statutory rape conviction could affect professional licenses, even if it’s a misdemeanor.
7. Immigration Consequences: For non-citizens, a statutory rape conviction could lead to deportation or inadmissibility.

Frequently Asked Questions

Can I be charged with statutory rape if I didn’t know the person was underage?

Yes, but “mistake of age” can be a defense if you can prove you had a reasonable belief the person was 18 or older.

Does statutory rape require force or lack of consent?

No, the only factors are the ages of the individuals involved and whether sexual intercourse occurred.

Can charges be dropped if the minor doesn’t want to press charges?

The decision to press charges lies with the prosecutor, not the minor. However, the minor’s cooperation (or lack thereof) can influence the prosecutor’s decision.

Will I have to register as a sex offender if convicted?

Not automatically, but the judge has discretion to require registration, especially for felony convictions.

Can statutory rape charges affect child custody rights?

Yes, a conviction could potentially impact child custody arrangements.

Why You Need an Experienced Defense Attorney

Given the complexity of statutory rape laws and the severity of potential penalties, it’s crucial to have experienced legal representation. An experienced attorney can:

• Protect your constitutional rights throughout the process
• Conduct an independent investigation
• Identify and interview potential witnesses
• Challenge the prosecution’s evidence
• Negotiate with prosecutors for reduced charges or penalties
• Represent you effectively in court

When choosing an attorney, look for someone with specific experience defending against statutory rape charges, a track record of success, and someone you feel comfortable discussing sensitive details with.

How The Nieves Law Firm Can Help

At The Nieves Law Firm, we understand the gravity of statutory rape charges and the impact they can have on your life. Our experienced criminal defense attorneys are committed to providing aggressive and strategic defense for our clients.

We offer:

• Free initial consultations
• On-staff private investigator
• Emergency phone line
• Multilingual services
• A team approach to your defense
• Extensive experience in sex crime cases

We’ll investigate your case, challenge the evidence against you, and fight for the best possible outcome. Our goal is to protect your rights, your freedom, and your future.

Don’t face these serious charges alone. Contact The Nieves Law Firm today for a confidential consultation.