Understanding California Statutory Rape Law

According to FGL, unlawful sex with a minor, commonly known as “statutory rape,” occurs when an adult engages in sexual intercourse with a minor [1].

Statutory rape is prohibited by California Penal Code section 261.5, and the statute is written so as to be gender neutral. This means that both male and female adults can be convicted of the crime, and there is no variation in the application of the statute as between men and women. The statute also does not distinguish between consensual and non-consensual sex

Key Aspects of California Penal Code Section 261.5

Definition of Sexual Intercourse: The statute specifically applies to the act of sexual intercourse, defined as the penetration of the female sex organ by the male sex organ. Other types of sexual behavior are not covered under this section but may fall under other criminal statutes.
Marriage Exception: The law does not apply if the minor and adult are legally married. Although rare, California allows minors to marry with a court order and parental consent, often to accommodate minors who become pregnant.
Mental State and Defenses: While the statute does not require a specific mental state like “knowingly” or “willfully,” it is not considered a strict liability crime. A defense may include the claim that the defendant did not know the other person was a minor.

Penalties for Statutory Rape

The penalties for statutory rape under California Penal Code §261.5 vary based on the specifics of the case:

Statutory Rape of a Minor Within Three Years of Your Age (CPC §§261.5(a) and (b))
If convicted of having sex with a minor within three years of your age, the penalties include:

Up to six months in county jail.
A fine of up to $1,000.
Both imprisonment and a fine.

Statutory Rape of a Minor More Than Three Years Younger Than Your Age (CPC §§261.5(a) and (c))
If convicted of having sex with a minor more than three years younger, the penalties include:

Up to three years in state prison.
A fine of up to $10,000.
Both imprisonment and a fine.

Statutory Rape of a Minor Younger Than Sixteen When You Are Twenty-One or Older (CPC §§261.5(a) and (d))
If you are twenty-one or older and have sex with a minor under sixteen, the penalties include:

Up to four years in state prison.
A fine of up to $10,000.
Both imprisonment and a fine.

Civil Penalties

In addition to criminal penalties, civil penalties can also be imposed:

Minor Within Two Years of Your Age: Additional fine of $2,000.
Minor At Least Two Years Younger: Additional fine of $5,000.
Minor At Least Three Years Younger: Additional fine of $10,000.

If You Are Twenty-One or Older and the Minor Is Under Sixteen: An additional fine of up to $25,000.

Note: These additional fines are only applicable to adults, not minors.

Also Read: Is it Rape to Have Sex With a Retarded Person?

Statutory Rape Charge Defenses

According to Wklaw, when facing serious charges like statutory rape, having a dedicated sex crimes attorney who can deploy an effective defense strategy is crucial [2].

Here are some defenses that may be raised on your behalf:

Defense 1: Good Faith Belief That the Victim Was 18 or Older
If you genuinely believed that the victim was 18 or older, you are not guilty of statutory rape under California Penal Code Section 261.5. This defense requires you to have had a subjective good faith belief that the victim was of legal age, and the jury must find this belief to be objectively reasonable based on the victim’s appearance and any statements they made.

Defense 2: No Sexual Intercourse Occurred
Statutory rape requires penetration of the vagina by the penis. If no sexual intercourse occurred, you cannot be convicted of statutory rape. Activities such as kissing, fondling, or oral sex do not meet the criteria for this charge. Often, charges may be based on unreliable hearsay or rumors, and your attorney can work to discredit such evidence.

Defense 3: Marriage to the Victim
If you were legally married to the victim at the time of the alleged intercourse, you cannot be convicted of statutory rape. California law permits minors to marry adults with parental or judicial consent. Your attorney can present evidence of your legal marriage to demonstrate your innocence.

Defense 4: Victim Was Not a Minor
If the alleged victim was not a minor at the time of intercourse, you cannot be convicted of statutory rape. The victim’s age is a crucial element of this crime. Your attorney will thoroughly investigate to verify the victim’s true age and the timing of the alleged offense. If the victim was an adult, the statutory rape charge does not apply.

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References:

1. https://www.foosgavinlaw.com/areas-of-service/criminal-defense/sex-crimes/unlawful-sex-with-a-minor
2. https://www.wklaw.com/statutory-rape-defense-california-pc-261.5/

Sex With a Minor? (Notable Consequences & California Laws)