A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. The California Age of Consent is 18 years old. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Laws can change at any time, and numerous defenses may apply to statutory rape charges. The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click the map to view any state's age of consent laws. In California, there is a Romeo and Juliet exemption for consensual sex between a minor and a person who is three or fewer years older or younger. Punishments vary depending on the respective ages of both victim and offender.
Amounts deposited in the Underage Pregnancy Prevention Fund may be used only for the purpose of preventing underage pregnancy upon appropriation by the Legislature. This is because California has a marital exemption to the California statutory rape laws. California Age Of Consent Law: Laws can change at any time, and numerous defenses may apply to statutory rape charges. One or more of these charges may be used to prosecute violations of the California Age of Consent, as statutory rape or the California equivalent of that charge. Lewd and lascivious acts upon a child involve sexual contact between a minor who is 13 or younger and a defendant of any age. In California, there is a Romeo and Juliet exemption for consensual sex between a minor and a person who is three or fewer years older or younger. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 16 year old willingly has sex with Tony, her 23 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place. The conduct is still illegal, but someone protected by this exception will face the possibility of smaller fines and reduced jail time. Potential Penalties for Statutory Rape Depending on the ages of the parties, and other factors, statutory rape crimes can be tried as misdemeanors or felonies in California. Similarly, no protections are reserved for sexual relations in which one participant is a 17 year old and the second is a 18 or 19 year old. Because there is no such "Romeo and Juliet law" in California, it is possible for two individuals both under the age of 18 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare. Punishments vary depending on the respective ages of both victim and offender. Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. This offense also includes contact between a minor who is 14 or 15 and a defendant who is at least ten years older than the minor. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Punishments for Violating the Age Of Consent in California California has seven statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. Click any charge for more detailed information. When the parties are both minors: The California Age of Consent is 18 years old. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours. From the amounts collected for each case, an amount equal to the costs of pursuing the action shall be deposited with the treasurer of the county in which the judgment was entered, and the remainder shall be deposited in the Underage Pregnancy Prevention Fund, which is hereby created in the State Treasury. Unlawful sexual intercourse with a minor involves sexual intercourse or penetration however slight between a minor who is 17 or younger and a defendant of any age. Legal Help If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
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