What You Need to Know About Statutory Rape Laws in California
Statutory rape is a serious crime that may be either a misdemeanor or a felony depending on the circumstances. Here’s everything you need to know about statutory rape laws in California.
In California, statutory rape occurs whenever an individual has sexual intercourse with a person under the age of 18. If the individual is within 3 years of age of the minor, then the crime is a misdemeanor. If the individual is not within 3 years of age of the minor, then the crime may be a misdemeanor or a felony depending on the circumstances. There is a notable exception to statutory rape laws: if the two individuals in question are legally married.
What is Statutory Rape in California?
California Penal Code Section 261.5 defines statutory rape (referred to as unlawful sex with a minor) as the act of sexual intercourse between an individual and a minor if they are not legally married. This means that, if the individuals are not married, statutory rape is committed whenever a minor has sexual intercourse, regardless of the age of the other individual. The following examples each describe cases of statutory rape in California:
- An adult who has just turned 18 yesterday has sex today with a minor who turns 18 tomorrow
- A 16-year-old has sex with a 21-year-old
- Two 17-year-olds have sex
As such, even if the two individuals who had sex are both minors, then statutory rape has legally occurred because a person under the age of 18 cannot legally consent to sex in California. It is rare to see charges in this scenario, however, because it is often difficult to discern who the victim is.
It is important to note that statutory rape does not refer to other sexual acts, such as kissing or oral sex. In order to be charged with statutory rape in California, sexual intercourse must have occurred. This does not mean that other sexual acts with a minor are not illegal, however; oral copulation with a minor is covered as a separate crime, as is kissing (depending on the nature of the kiss).
Related: Difference Between Sexual Assault, Sexual Abuse, and Rape in California
Statutory Rape Penalties
The penalties associated with statutory rape differ depending on the nature of the crime, particularly the ages of the individuals involved. If the individual’s age is within 3 years of age of the minor, then the statutory rape will be charged as a misdemeanor. If the age gap is greater than 3 years, however, it may be charged as a felony. In this scenario, the perpetrator will generally face up to 1 year in county jail. But, if a person aged 21 years or older has sex with a person aged 16 or younger, then they may face up to 4 years in prison depending on the circumstances as well as up to a $25,000 fine.
In addition, if an adult has sex with a minor, they face between $2,000 to $25,000 in fines depending on the age gap. If you require legal representation in your statutory rape case, contact Her Lawyer to be put in touch with an attorney who has expertise in this area.
What About Romeo and Juliet Laws?
“Romeo and Juliet laws” are statutes that allow for a teenager to have sex with an individual who is close in age to them. For example, a Romeo and Juliet law may legally allow a 17-year-old to have sex with an 18-year-old even though a person under the age of 18 generally cannot consent to sex. Some states that do have Romeo and Juliet laws include Texas, Alabama, Arizona, and many others.
In California, however, no such law exists. If a minor has sex, it is always considered unlawful unless they are married. As previously mentioned, however, if the age gap is within 3 years, then statutory rape will only be considered a misdemeanor. This may fit some people’s definition as a Romeo and Juliet law because it reduces the severity of the crime for people around the age of 18.
FAQs about Statutory Rape in California
What is statutory rape?
In California, statutory rape is whenever a minor has sexual intercourse with an individual that they are not married to.
Is it statutory rape if the individuals in question are married?
No. If the minor is married to the individual, then it is not statutory rape in California.
What if two minors have sex?
Even if both are minors, statutory rape has occurred because a minor cannot legally consent to sex in California. This is very rarely prosecuted, however.
Is statutory rape a misdemeanor or a felony?
Statutory rape is a “wobbler”, which means it can be a misdemeanor or a felony depending on the circumstances. If the individuals are within 3 years of age, then it is a misdemeanor. If the age gap is greater than 3 years, then it may be a felony.
Does kissing count as statutory rape?
No. Statutory rape is exclusive to sexual intercourse. An adult kissing a minor may still be illegal, however, depending on the nature of the kiss.
Does California have a Romeo and Juliet law?
No. There is no law that exempts teenagers close in age from statutory rape laws. However, if the teenagers are close in age, then statutory rape will only be charged as a misdemeanor, which may fit some people’s definition of a Romeo and Juliet law.
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