It is estimated that there are 7 million cases of statutory rape each year in the United States of America. The article below outlines statutory rape laws in California.
Statutory Rape Penal Code
Under California Penal Code 261.5, statutory rape is defined as a person who engages in unlawful sex with a minor under 18 years old, to whom the defendant is not married, regardless of the minor’s consent.
Age of Consent in California
The legal age of consent in California is 18 years of age. California does not have Romeo Juliet laws or close-in-age exceptions.
Examples of Statutory Rape in California:
- A 19-year-old high school senior has intercourse with a 16-year-old sophomore.
- A 40-year-old teacher has intercourse with a 17-year-old student.
- Two students who have been dating for three years, but one just turned 18 and the other is still not 18 have intercourse after the nonminor’s 18th birthday.
These examples do range in the severity of their impacts. The severity of the punishment is likely to be contingent on the age difference between the minor and the legal adult. In more severe cases, perpetrators of statutory rape can face up to four years in California state prison.
Two common defenses against statutory rape allegations:
- No sexual intercourse took place
- A reasonable person would have believed the minor was over 18.
Statutory Rape Conviction
A prosecutor must prove at least three facts when pursuing charges against the defendant.
- Sexual intercourse occurred
- Parties involved in the act were not married
- The alleged victim was under 18 at the time of the offense
In statutory rape cases, consent is not a key factor in convicting the defendant, because statutory rape charges can be brought against a party regardless of the status of their consent. However, a lack of consent can result in more severe criminal charges.
Penalties
- If a party is no more than three years older than the victim, statutory rape is always charged as a misdemeanor.
- If a party is three years older than the victim, statutory rape can be charged as either a misdemeanor or felony.
- If a party is older than 21 and the victim is younger than 16, the charges can be either misdemeanor or felony charges, but the felony charge consequences are much more severe.
Statutory Rape Misdemeanor Penalties
- Probation
- One year county jail sentence
- 1,000 dollars in fines
Statutory Rape Felony Penalties
- Probation with up to one year in county jail
- 16 months, two years, or three years in custody
- If the defendant was 21 and the plaintiff was under 16 then the sentence is two to four years
- Up to 10,000 dollars in fines
Statutory Rape Civil Penalties
- Two thousand dollars in fines if the victim is less than two years younger than the defendant
- Five thousand dollars if the victim is at least two years younger than the defendant
- Ten thousand dollars if the victim is at least three years younger than the defendant
- Twenty-five thousand dollars if the victim was under 16, and the defendant was over 21.
Related: Sexual Assault Laws in California
FAQS
Can I go to jail if I just turned 18 and had sex with my boyfriend who is 16?
California prosecutors typically do not press charges against cases with such a low age difference. However, penalties are possible. County jail is not a likely punishment, civil punishments would be more likely.
Is it statutory rape if we have been dating for over two years and we are both underage?
Yes, two individuals under the age of 18 cannot legally give consent, and thus would be committing statutory rape by engaging in sexual activities. Usually, the older party is held liable, but in this case, any form of prosecution is likely to occur.
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