Statutory rape has long been a controversial and complicated legal issue. When a minor participates in sexual intercourse, it is considered statutory rape in California. This is because minors cannot give consent, so engaging in this activity is classified as statutory rape. Does this only apply to sexual intercourse between a minor and an adult? Or is it considered statutory rape when two minors have sexual intercourse?

If you’re facing statutory rape charges, you need aggressive representation to protect your rights and prevent or limit the consequences that can come from a sex crime conviction. The Law Office of Sheny Gutierrez has been helping clients in Southern California for more than 15 years, and it is this experience, coupled with our unwavering support of our clients’ rights, that makes us a great advocate for those accused of statutory rape.

How Consent Is Interpreted in Cases Involving Minors

The word rape can be misleading in the context of statutory rape charges since it is often associated with sexual intercourse against someone’s will. Statutory rape, however, often involves two willing parties. It’s illegal in California because the age of consent is 18, meaning minors do not have the legal capacity to grant consent for sexual intercourse. This law was established because children under 18 years old are believed to lack the comprehension and decision-making skills necessary to make a reasonable judgment about having sexual intercourse.

Under California law, it is illegal for a minor to have sex with another minor unless they are married. California does not currently have a minimum age at which minors can get married with parental consent, so it is not illegal for spouses who are under 18 to have sexual intercourse. It is illegal for an adult to have sex with a minor, even when they are close in age. In situations when both parties are minors, it is unlikely that charges of statutory rape will be pressed, in part because it can be challenging to determine which minor should be the victim and which is the perpetrator. However, since it is illegal in California, the risk is not zero.

Does California Have Romeo and Juliet Laws?

Some states have what are referred to as Romeo and Juliet laws, which are statutes to prevent statutory rape charges when the two people engaged in sexual intercourse are close in age. For example, in states with Romeo and Juliet laws, a 19-year-old who had sexual intercourse with a willing 17-year-old would likely not face statutory rape charges.

California does not have Romeo and Juliet laws. An adult who has sex with a minor in California could face criminal charges, even if they are only one or two years apart in age. If you have been charged with statutory rape and have questions about the penalties in California, contact a criminal defense attorney today. Taking action quickly after sex crime charges is critical to building a solid defense strategy.

Penalties for Violating Statutory Rape Laws Involving Minors

Statutory rape is a wobbler offense in California, meaning it can be charged as either a misdemeanor or felony. Because of this, penalties will vary widely from case to case. The age difference between the alleged perpetrator and the minor is likely to play a role in the charges and penalties. For example, if an 18-year-old and 17-year-old have sexual intercourse, the 18-year-old will most likely face a misdemeanor charge. However, if the alleged perpetrator is over 21 years old and the minor is under 16 years old, the adult will probably be charged with a felony and face up to four years in prison.

Aside from possible jail or prison sentencing, anyone accused of statutory rape in California may be facing required registration as a sex offender. This is decided by the judge on a case-by-case basis. Mandatory sex offender registration is a penalty that will negatively impact a defendant for years or even a lifetime, which makes obtaining qualified legal representation crucial.

Experienced Criminal Defense in California Statutory Rape Cases

The penalties for sex crimes in California can be severe and long-lasting. Contact the Law Office of Sheny Gutierrez to schedule a free consultation to discuss your statutory rape case. We may be able to help you fight the charges against you and secure a favorable outcome that limits the negative impact on your life.