Unlawful Sexual Intercourse with a Minor (Also known as "Statutory Rape") is a crime in California. The laws on statutory rape can be found at California Penal Code Section 261.5(c) PC, 261.5(b) PC, and 261.5(d) PC.
Statutory Rape may be charged as a misdemeanor or a felony in California. If the prosecutor files misdemeanor statutory rape charges he faces up to a year in county jail. If the prosecutor files felony statutory rape charges he faces up to three years in prison.
In order for the defendant to be found guilty of the crime of statutory rape the prosecutor must prove that the defendant had sexual intercourse with a minor (Under the age of 18). It does not matter if the minor actually consented to the sexual intercourse because minors are considered legally incapable of giving consent to sexual intercourse.
If the defendant actually and reasonably believed that the minor was over the age of 17 then the defendant is entitled to an acquittal of the statutory rape charges. The burden of proving actual and reasonable belief as to age is on the defendant.
If there is no sexual penetration then the defendant is entitled to an acquittal of statutory rape charges. "Sexual Penetration" means actual penetration of the minor's vagina with the defendant's penis.
There is a bar to prosecution if the statute of limitations for statutory rape in California has run. The "statute of limitations" is the amount of time that has elapsed since the occurrence of the sexual intercourse with the minor. For misdemeanor statutory rape the statute of limitations is one year (1); for felony statutory rape charges the statute of limitations is up to ten years (10).
To learn more about statutory rape charges in California contact a criminal defense attorney today. Criminal Defense attorney represents defendants charged with sex crimes in the county of San Bernardino, including the cities of Redlands, Fontana, Victorville, Rancho Cucamonga, Ontario, Yucaipa, Rialto, and more.
Call today for a free consultation: 909.913.3138