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. Women also commonly became mothers before they reached their 16th birthday. These marriages frequently included a relatively young bride and a significantly older groom. Sex Offender Registration State law requires, in addition to the applicable fines and prison time, that people convicted of certain sexual crimes including certain instances of statutory rape must register as sex offenders. Sex with a minor if the perpetrator is more than three years older than the victim may be a misdemeanor or felony punishable by up to one year in prison. Laws can change at any time, and numerous defenses may apply to statutory rape charges. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Statutory rape marital exception California has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married. Updated July 27, Legal Help If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. Sex, therefore, between someone as young as 14 or 15 with someone 10, 15, even 20 years older was not unheard of — and certainly not illegal.
Of course, rape that does involve force or an assault is illegal in California and prosecuted as forcible rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. 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. They may argue that the child said that he or she was of age, and that a reasonable person would have believed it. This is because California has a marital exemption to the California statutory rape laws. Updated July 27, In California, the age of consent is set at 18 years old and sexual intercourse with someone under the age of consent is a criminal offense. When the parties are both minors: Typically, the charges and potential punishments get more serious the younger the victim. 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. 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. Mistake of age Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage. Add to that the fact that parents were often looking for a stable, successful husband for their daughters and it was hardly unusual for a man in his 20s or 30s to marry a girl of 15 or Times have changed though and the laws have changed with them. Legal Help If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. However, if Tony were to rape Jen force her to have sex against her will , he would have no protection under the law even if the two are married. Those who break the law have committed statutory rape. Though statutory rape does not require that the prosecutor prove an assault, it is still rape. Share on Facebook In California, it is illegal for an adult someone 18 or older to have sex with a minor someone younger than 18 , even if the sex is consensual. As a result, people started thinking about marriage much earlier than they do now. Laws can change at any time, and numerous defenses may apply to statutory rape charges. California does not have a Romeo and Juliet law. Along with a term of incarceration, a conviction for unlawful sexual intercourse with a minor may also face civil fines and could be required to register as a sex offender if you move to another state. Sex with a minor under age 18 if the perpetrator is not more than three years older or younger than the victim is a misdemeanor. In addition, most people did not finish high school, much less go to college.
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