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A sex crime conviction carries with it a severe social stigma and oftena label that can shadow a person for the rest of their life. The California Department of Justice reports between 7, and 9, forcible rape allegations are made in the state every year, with more allegations in other sex-related offenses. Unfortunately, too many people are charged with sexually motivated offenses founded on accusations by people who are mistaken, jealous or even manipulated. This fact has become glaringly apparent in recent years; as new DNA evidence has disproven cases were defendants were locked up for decades based on shoddy evidence or sloppy police investigations. Even when the facts seemed stacked against you, you need experienced expert guidance.

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Statutory rape does not necessarily mean coercion and violence. It refers to the offense of an individual aged 18 years and above engaging in sexual relations with a minor.

In statutory rape cases, the age of the two parties is the basis of the sentencing. This offense attracts severe punishments, including serving a four-year prison term as well as high amounts of fines. It can also tarnish your reputation, considering the social stigma that can follow you for your entire life.

In case you have been arrested or charged with statutory rape, get in touch with our sex crimes attorney at the Orange County Criminal Lawyer. We will represent you in court to have lesser penalties or reduced charges. We can also negotiate with the prosecution before the case goes to court. Statutory rape offense under California law is based on Penal Code While the act might have been consensual, consent will not be ificant in the sentencing.

An example of common statutory rape crime is sex between a year old and year old who have been dating for two years.

Charged with a sex crime?

It is vital to understand these components because the prosecution must prove each statutory. Under California's penal code sectiona statutory rape charge is baseless without sexual intercourse. The penal code also stipulates that sexual intercourse legal the penetration of any orifice regardless of the degree. Furthermore, the law also notes that even though the sex was consensual, it will translate into rape if the victim changes their dating in the middle of the act.

In California, statutory rape is classified as a 'wobbler,' meaning it can be perceived as a misdemeanor or a felony by the prosecution. The penalties associated with statutory rape differ because of the varying circumstances of each case. The age of the minor and the age difference between the minor and the defendant are the vital considerations of a statutory rape sentencing.

Three primary stipulations hold, which are as follows:. Felony statutory rape cases are punishable by 12 or 16 months in state prison. However, it attracts between two and four years if the alleged victim was 16 and the defendant was 21 years and above. Note that you could face additional charges, such as civil penalties. Some of these include:. In many states, there are exceptions to the statutory rape laws that deal with young individuals with a close age gap and between young people who are both below the age of consent. These laws offer exceptions to statutory rape. The small age difference between the defendant and the accused can be applied as a complete defense to the charges.

However, individual states apply these principles only as mitigating factors that minimize the degree of offense from a felony to a misdemeanor, hence reducing the possible penalties. However, the state of California does not Santa Romeo and Juliet law. This means that even a minor can be held liable for statutory rape if Ana engage in unlawful sex with other minors.

In this case, the minor would be charged under the California Juvenile Court System. With California's stringent statutory rape laws and sexually active teenagers, many people are unfairly prosecuted, fined, or jailed on sex crime charges. Fortunately, a skilled and experienced attorney can use various legal defenses to depict a new perspective of your actions that disputes the Prosecutor's evidence.

Such defense strategies include:. Considering that statutory rape is the unlawful engagement in sexual intercourse with a minor, proving that the age was at least 18 years old at the time of the act can acquit you. According to California law, sexual intercourse is any penetration, no matter how slight.

If you and the alleged victim did not have such an engagement, you could not be charged with statutory rape. If you were under the perception that the victim was at least 18 years because of her outlook or at the location where you met him or her, then you should not be convicted of statutory rape. For instance, a person you met with at an adult-only place such as a bar is pd to be an adult.

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A criminal defense attorney can prove that the alleged victim falsely accused you and that no sexual intercourse occurred. Most false accusations would occur when the alleged victims are seeking revenge, want to extort you or ruin your reputation, etc. If you were married to a person under the age of 18 years, you are permitted by law to have sex with him or her. Therefore, statutory rape laws do not apply to this case, and you cannot be found guilty of the offense.

Note that you must be legally married as per the family laws of CA. Note that unlike the offense of rape under penal code sectionconsent is not a defense under statutory rape laws. Whether or not the minor was willing or not to participate in the act is not ificant in the sentencing. This is because the law considers that minors are not old enough to fully comprehend the consequences of their actions. Therefore, they cannot give legal consent.

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Under California law, sex crimes are treated seriously. Having a competent criminal defense attorney can help you avoid the harsh consequences associated with a conviction. Generally, employers refrain from recruiting individuals that have criminal records. Your statutory rape conviction can also attract a strike as stipulated in California's three laws statute. Note that an additional strike will escalate the punishment tremendously.

Sex crimes

Statutory rape convictions also result in the defendant's name being put on the sex offender registry, which is a label that you will bear for your entire life. Having an attorney is crucial because he or she can protect you against these severe consequences. Even when falsely accused, statutory rape accusations can tarnish a person's reputation.

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The role of the attorney is to establish the most viable defense strategies for your case and assist you to evade the dire impacts associated with a statutory rape conviction. One of the common defense strategies that the attorney will implement is that it was reasonable for you to believe that the victim was over the age of 18 years old at the time of sexual intercourse. The attorney investigates each aspect of the case and chooses a strategy with the highest likelihood of success.

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As for most crimes in California, a prosecutor needs to file the charges within a set time limit. Failure to this, you cannot face charges for the offense unless various exceptions characterize your case. The statute of limitations prohibits an individual from charging you for crimes committed a long-time ago because it makes it challenging to defend yourself.

Some of the reasons include:.

The implementation of the statute of limitations is dependent on the seriousness of the alleged crime such as the age difference between you and the alleged victim. Under penal code Penal code In this case, a statutory rape misdemeanor has a statute of limitations of one year, while a felony offense has a statute of limitations of three years.

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Note that after three years, it does not necessarily mean that you cannot face a criminal charge. Under California's law penal codethe DNA Exception rule permits prosecutors to charge you with a crime in some instances in which the DNA can prove without reasonable doubt that you were the perpetrator.

Various components need to be true for the Prosecutor to charge you with rape:. Once the DNA depicts that you were the suspect, prosecutors have up to one year to file the charges. California's Penal Code Section stipulates crimes that require a person to be permanently labeled as a sex offender.

“age of consent” laws in california – what you need to know

While statutory rape is a sex crime, it is not listed. However, note that under penal code This occurs when the judge or the jury finds that you executed the offense because of sexual compulsion or for sexual leisure. During the time stipulated in your statute of limitations, the alleged victim, parents, or guardians might file statutory rape charges against you.

You should act immediately, to protect your reputation, reduce the punishment, or prove your innocence, and prevent a conviction.

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Charges can also be filed based on reports of deated people, including:. Regardless of the party that files the charges, you can get a good outcome if you are prepared to face them by undertaking the following steps:. Hiring an experienced statutory rape attorney will assist in defending yourself against the alleged charges. Criminal defense attorneys have to assess the case to identify whether the victim is making false accusations, their objective in filing the charges and if the evidence was legally or illegally accessed.

A good attorney will identify these elements during the first stages of the case and help in identifying the best defense strategies. When faced with statutory rape charges and you are arrested, you should choose to remain silent or only answer questions in the presence of a criminal defense attorney. Such a move is essential because it prevents you from making any statements that might be self-incriminating. Police might also attempt to twist or misinterpret your statements to make you guilty. Similarly, the press can also take your s out of context and insinuate that you harmed the victim.

Reports from the media might influence the judges or jury's opinions and rule in favor of the plaintiff.

Statutory rape

In case you and the alleged victim live in the same residence, it is prudent to plan alternative living arrangements as fast as possible. The move assists in preventing issues such as false accusations that you attempted to violate their rights. If the court orders a no-contact directive, then it is best to relocate residence immediately.

You should collaborate with your lawyer to gather evidence that supports your case. Some necessary forms of evidence include receipts, videos, and pictures, and can help in proving to the judges you were not at the crime scene. Other types of proof include alibi and witness testimonies, and a character witness who will talk of your ethical conduct.

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Collaborating with the attorney also helps in assessing police reports to identify any inconsistencies in the statements of the alleged victim. If the case is a false accusation, your attorney is in a better position to identify the intentions of the alleged victim in framing you for statutory rape.

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Such cases are witnessed in failed relationships even if there was no sexual intercourse. Your criminal defense lawyer comprehends that false accusations might be a key feature in your case and will assist in proving your innocence. In case you had sexual intercourse with the victim, your criminal defense attorney will help you in collecting evidence that demonstrates that you reasonably believed that the victim was over 18 years old.

Note that the alleged victim can file a civil lawsuit even after submitting the criminal charges. Civil lawsuits are commonly determined in private rather than in court. The Role of this lawsuit is to seek monetary compensation for psychological and physical anguish, emotional pain, medical charges, as well as counseling.

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