Statutory Rape

San Mateo County Criminal Defense Attorneys

California Statutory Rape

It can be difficult to deny the sexual advances of a beautiful girl-especially when you are in college. However, in the State of California, if you have sex with a minor under the age of 18, you may be charged with statutory rape. Even if you are in a relationship and the minor consented, you can still be found guilty of statutory rape. If convicted, you face up to 4 years in the California State Prison. Unfortunately, innocent men and women are charged with statutory rape every year-out of jealousy, revenge or anger.

California Statutory Rape-California Law

According to California Penal Code 261.5 PC, if you are over 18 years old you can be convicted of statutory rape if the prosecution proves the following:

  • That you had sexual intercourse with another person
  • That you were not married to the other person at the time of the sexual intercourse
  • The victim was under 18 years of age at the time

Sexual intercourse means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required.

Age is of utmost importance in determining the actual charges and penalties you will face. Depending on the age of the minor and how much older you are, the penalties for statutory rape can be severe. If you are less than 3 years older than the minor, then you will only be facing misdemeanor charges. If you are more than 3 years older or if you are over 21 and the minor is under 16, then you can be charged with a felony.

California Statutory Rape-the Penalties

California Misdemeanor Statutory Rape

  • Probation
  • Not more than 1 year in jail
  • Up to $1,000 in fines

California Felony Statutory Rape

  • Probation
  • 16 months to 4 years in the California State Prison
  • Maximum $10,000 fines

In addition to criminal charges, you may find yourself facing civil penalties as well. These penalties can be extreme and may be up to $25,000.

California Statutory Rape-the Defense You Need

If you have been accused of statutory rape in the State of California, it is important to obtain a California criminal defense attorney who will fight these false and fraudulent charges. Accusations of statutory rape can have severe and lifelong consequences; therefore, it is necessary to fight for your rights and build the best defense possible.

The criminal defense attorneys at Ahmed & Sukaram will investigate every angle of the incident to build an aggressive defense designed to beat the prosecution's case against you. If you were unaware that the minor was under the age of 18, or if the minor misrepresented herself, your Ahmed & Sukaram criminal defense attorney may be able to get your case dismissed. Unfortunately, unlike rape accusations, the fact that the minor consented is not a valid defense against statutory rape.

A good California criminal defense attorney will never overlook the fact that you may be innocent and wrongly charged. All too often, jealous girlfriends, angry parents, and even suspicious ex-wives can bring charges of statutory rape against an innocent person. Not uncommon, police officers and prosecutors often side with the minor and their family, instead of investigating these accusations accurately.

The CA criminal defense attorneys at Ahmed & Sukaram know how to aggressively investigate false accusations of statutory rape. By interviewing friends and witnesses, reviewing medical records, and researching all possible motives, the attorneys at Ahmed & Sukaram will build the defense you need to beat your statutory rape charges. At Ahmed & Sukaram, our CA criminal defense lawyers are experienced in defending all charges of CA statutory rape, no matter what the circumstances may be.

For more information about California statutory rape defense, Ahmed & Sukaram criminal defense lawyers, felonies, misdemeanors, your rights, or for answers to general questions, please contact us.