These days, many teenagers are sexually active. Many of them go out to concerts or sneak into bars, which means that the chances of a sexual encounter happening between an adult and an adolescent have never been higher. From a legal perspective, it is always illegal for an adult to have sex with a minor. Regardless of the circumstances or whether the intercourse was consensual, the California Penal Code will consider sex between an adult and a minor as statutory rape.

Like all sex crimes, a conviction for statutory rape will result not only in fines and jail time, but also severe damage to your reputation. For this reason, it’s essential that you retain the services of a skilled and experienced sex crimes attorney to help you defeat your charges.

It’s Always Illegal for an Adult and a Minor to Have Sexual Relations

According to California Penal Code section 261.5, the crime of statutory rape occurs when:

  • Two people have sex—any amount of penetration is considered sex for purposes of the law
  • These two people are not married
  • At least one of the two people is a minor at the time of the intercourse

Whether the minor gave consent to or even instigated the sexual intercourse is irrelevant. If the prosecutor can prove the three elements described above, statutory rape has occurred. Technically, a minor can be charged with statutory rape for having sex with another minor, but this is exceedingly rare.

Statutory Rape May Be Charged as Either a Felony or a Misdemeanor

Statutory rape is a so-called wobbler in California, meaning that it may be charged as either a misdemeanor or a felony depending on the circumstances. When the age difference between the two sexual partners is less than three years, the crime is always treated as a misdemeanor. But when the adult is over 21 and the minor is under 16, it is very likely that prosecutors will seek a felony conviction.

If convicted of misdemeanor statutory rape, you could face a maximum sentence of one year in jail along with an optional $1,000 fine. The penalties for the felony version of the crime range between one year in jail with probation to four years in prison along with fines of $10,000.

In addition to the criminal fines, you may also have to pay civil penalties that can reach $25,000 if you are over 21 years old and you had sex with a minor under 16.

Defending Against Statutory Rape Charges

Your attorney may be able to defend your case by showing that there is a reasonable doubt as to whether you actually had sex with the alleged victim. The best defense, however, is to demonstrate that you honestly believed that the other person was an adult. For example, if you meet someone at a bar or an 18+ show, it is safe to assume that the person is of legal age.

If you’re facing statutory rape charges, the sooner you retain the services of an attorney, the better your chances of avoiding a conviction. If you want to talk to San Diego criminal defense attorney, you can call Jessica McElfresh with McElfresh Law today at (858) 756-7107 for a free and confidential consultation of your case.

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