Los Angeles Statutory Rape Defense Lawyers
Skilled Defense Against Statutory Rape Charges in Los Angeles
Any individual who has sexual intercourse with a minor in California could face charges of statutory rape. Statutory rape is a serious charge with severe criminal penalties, including incarceration, fines, and probation, and the requirement to register as a sex offender. The alleged victim’s family could potentially bring a lawsuit for damages in civil court.
If you are facing statutory rape charges, exercise your right to remain silent and contact Werksman Jackson & Quinn LLP for experienced legal representation. Our Los Angeles criminal defense attorneys are dedicated to mitigating the potentially life-changing consequences that can result from a sex crime conviction. Head attorney Mark Werksman is AV Rated by Martindale-Hubbell, the highest possible rating for ethical standards and legal ability, and recognized by Super Lawyers for outstanding success.
Call (213) 688-0460 for a free and confidential case evaluation today.
What Is Statutory Rape in California?
In California, it is a criminal offense to have sex with a minor under the age of 18. Even when sex is consensual or initiated by the minor, the act is classified as statutory rape, as a person under the age of 18 cannot legally give consent. Unlike some states, California has no “Romeo and Juliet” laws that allow for consensual sex involving a minor over a certain age when the age difference is no more than a few years. It is always statutory rape to have sexual intercourse with someone under 18, even if you are a minor yourself.
What Are California’s Statutory Rape Laws?
State law prohibiting sexual intercourse with a minor can be found in the California Penal Code at Section 261.5. The statute states, “Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator if the person is a minor. For purposes of this section, a “minor” is a person under the age of 18 years . . .”
What Are the Elements of a Statutory Rape Case?
The two elements of a statutory rape case are:
- Sexual intercourse
- Involving a minor under the age of consent
The state only has to prove that sexual intercourse occurred with a person who was under the age of 18 at the time. Consent does not count when a minor gives it. The age difference between the parties can play a significant role.
What Are the Potential Penalties and Consequences?
When a defendant is no more than three years older than the alleged victim, statutory rape is charged as a misdemeanor, punishable by up to one year in jail, up to $1,000 in fines, and summary probation. If the age difference is more than three years, it is a wobbler offense that can be charged as either a misdemeanor or a felony at the discretion of the prosecution. Criminal penalties are steeper when a person 21 or older engages in unlawful sexual intercourse with someone under 16.
A felony conviction carries a prison sentence of 16 months, two years, or three years and up to $10,000 in fines.
What Are the Common Statutory Rape Defense Strategies?
Your Los Angeles sex crime lawyers can raise every argument that applies to your case to defend you against the charges. Some defense strategies include bringing into account the follower factors:
- No actual sexual intercourse took place.
- You had a good faith belief that the victim was 18 or older.
- False accusations were made against you.
Los Angeles Defense Attorneys Ready to Fight for Your Future
If you’re dealing with statutory rape charges, an experienced lawyer can be your greatest ally. Werksman Jackson & Quinn LLP is the most experienced, successful criminal defense firm in California. We know how to walk into any courtroom anywhere in the country to get you a favorable result.
We are committed to upholding our clients’ rights and cultivating the strongest possible defense. You can rely on our Los Angeles statutory rape defense attorneys to develop the best possible strategy, custom-tailored to meet your needs.
Call Werksman Jackson & Quinn LLP at (213) 688-0460 for a free, confidential consultation.
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