What You Need to Know About California’s Rape Laws and Penalties.
California has different laws and penalties concerning rape depending on the ages of the victim and perpetrator. Anyone convicted of rape in California must serve a mandatory prison sentence and may be fined up to $10,000.
California defines rape as nonconsensual intercourse with a person who is unable to consent or forced to consent. There are different penalties depending on what classification of rape occurred.
What Constitutes Rape in California?
California defines rape as nonconsensual intercourse involving penetration against a person who is unable to or was coerced into consenting. There are many circumstances in which nonconsensual intercourse occurs including:
- If the person who is not the spouse of the person committing the act is incapable of consenting due to developmental or physical disability
- If the act was accomplished against a person’s will by violence, duress, menace, or fear of immediate bodily injury to the person or someone else
- If the person could not resist or consent due to intoxication of a controlled substance and the accused was aware of, or reasonably should have been aware of intoxication
- If the person is unaware of the nature of the act because they are unconscious or asleep
- If the person is threatened with future retaliation by the accused
Related: Sexual Assault vs Sexual Harassment in California
In short, California considers rape as sexual intercourse if the victim is unable to consent or if it is against the victim’s will.
Is Rape a Misdemeanor or Felony in California?
Rape can be classified as a misdemeanor or felony in California depending on the age of the perpetrator. In cases of statutory rape, if the perpetrator is no more than 3 years older than the victim who is at least 16 years of age it is considered a misdemeanor.
“Lewd Acts On A Child” is also a crime in California, and is when an adult engages in sex with a minor under 14. This is considered a “wobbler” offense in California, so prosecutors can charge it as a felony or a misdemeanor depending on the ages of the victim and the defendant. However, all other forms of rape are considered a felony and result in varying levels of punishment.
Penalties for Rape in California
A prison sentence is mandatory if found guilty of rape in California. Sentences can vary depending on the ages of the victim and perpetrator.
For misdemeanor statutory rape, the perpetrator can be sentenced to up to 1 year in jail and a maximum fine of $1,000.
Felony statutory rape where the perpetrator is at least 21 years of age and the victim is younger than 16 is punishable by 2-4 years in jail and a maximum fine of $10,000.
Related: Is Sexual Coercion a Crime?
In the case of a lewd act on a child, the penalty may be up to 8 years in jail with a maximum fine of $10,000.
Other cases of rape are punishable by 3, 6, or 8 years in prison as well as fines up to $10,000.
Any person guilty of rape will also receive a strike on the perpetrator’s record and is required to register as a “tier-three” sex offender for life. If the victim sustained a significant injury, an additional 3-5 years in prison may be sentenced.
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