California legislators have tried to protect minors from sexual exploitation by implementing California Penal Code Section 261.5, which makes it illegal to have sexual intercourse with an individual under the age of 18. If you are accused of statutory rape, you need a strong defense. Contact Sigal Law Group today for a free consultation.

What is Statutory Rape?

Statutory rape occurs when an individual engages in sexual intercourse with a minor who is not their spouse and is under the age of 18. Furthermore, the law does not consider consent from the minor as a valid defense.

The penalties for statutory rape in California vary based on the age difference between the defendant and the minor. As such, it is considered a “wobbler” offense.

So, if the age difference between the two is three years or less, the offense is classified as a misdemeanor and punishable by up to one year in jail, a $1,000 fine, or both. For example, a defendant who is 19 can be charged with statutory rape for having sexual intercourse with their 16-year-old girlfriend.

If the defendant is 21 or older and the minor is under 16, the offense can be classified as a felony charge. Felony statutory rape charges can incur up to four years in prison and a $10,000 fine.

However, if the difference in age between the two is more than three years, the offense can be charged as either a misdemeanor or a felony. If charged with a felony under this caveat, the defendant can be sentenced to up to three years in state prison. This means that a 19-year-old defendant can be charged with felony statutory rape if they had sexual intercourse with their 15-year-old girlfriend. As could a 21-year-old defendant with her 17-year-old boyfriend.

Defend Against Statutory Rape

California's statutory rape laws are stringent. However, there are several defenses at your disposal. The experienced criminal defense attorneys at Sigal Law Group will review your case and determine which statutory rape defense to pursue. Contact Sigal Law Group today for a free consultation.