Los Angeles Statutory Rape Attorney

Defending People Against Statutory Rape Accusations

If you are being investigated or charged with statutory rape, you should consult with our experienced criminal defense attorneys at Stephen G. Rodriguez & Partners immediately. Statutory rape accusations, even when they are based entirely on false information, can ruin your reputation if they get out to the public. To make matters worse, talking to the police and attempting to make the issue quietly "go away" usually backfires. If you try to talk your way out of the situation, you might accidentally provide the evidence the state needs to arrest, charge, and eventually convict you.

Statutory rape cases are vigorously prosecuted in Los Angeles, and a conviction can result in years of jail time, steep fines, and the destruction of your reputation in professional and private settings. A conviction can even prevent you from obtaining gainful employment and a professional license. 

With more than 75 years of combined legal experience, our Los Angeles statutory rape defense lawyers  understand what it takes to defend our clients charged with sex crimes. Let us stand up for your rights if you were accused of statutory rape.

Contact us for a free, confidential consultation to discuss your legal options. Dial (213) 481-6811 now.

California Law About Statutory Rape

According to California Penal Code 261.5, statutory rape is sexual intercourse (to any degree) with a person who is not the spouse of the perpetrator and who is a minor (a person under age 18). Unlike other rape charges, consent is not a defense to statutory rape charges. However, reasonable and actual belief that the victim was over the age of 18 can be a defense to the charge.

In California, statutory rape is a "wobbler" charge, which means that it can be charged as either a felony or a misdemeanor. If the victim is under 14, then the alleged crime will be prosecuted under the child molestation laws, too, which have significantly harsher penalties than the average criminal offense.

Punishments & Penalties for Statutory Rape Convictions

Whether statutory rape will be charged as a misdemeanor or felony depends primarily on the age difference between the victim and defendant, the circumstances of the alleged crime, and the defendant's criminal background. Furthermore, how the offense is charged will affect the punishment and penalties.

For example, the possible penalties for a statutory rape conviction in Los Angeles vary:

• If there is an age difference of up to 3 years between the victim and defendant, the crime is a misdemeanor. Misdemeanors are punished by informal probation, a maximum 1-year county jail sentence, and a fine of up to $1,000.
• If the defendant is more than 3 years older than the victim, the crime is a wobbler and is punished by up to 1 year of imprisonment in a county jail or by imprisonment in the state prison.
• If the defendant is age 21 or older and the victim is younger than 16, the crime is a wobbler and is punished by up to 1 year of imprisonment in a county jail or by imprisonment in the state prison for 2, 3, or 4 years.

If the offense can be charged as a felony (the perpetrator is either 3+ years older or age 21+ and the victim is younger than 16) and the sexual intercourse was done for money or some other consideration, an additional 1-year term can be added to the prison sentence.

Although a person who violates California Penal Code 261.5 is not required to register as a sex offender, if the defendant is convicted of having oral or anal sex with a minor (Penal Code 288a and 286), the defendant will be subject to sex offender registration.

Common Legal Defenses to Statutory Rape Charges

Defenses against statutory rape charges can vary, but some common strategies used in legal defenses include:

• Mistaken age: If the defendant reasonably believed that the minor was of legal age (18 or older), they might argue that they were unaware of the minor's true age. However, this defense might not hold if reasonable steps weren't taken to verify the minor's age.
• Marriage: California law has provisions where, in certain situations, consensual sexual intercourse with a minor can be legal if the parties are lawfully married. However, this defense is not absolute and has specific conditions.
• No sexual contact occurred: If the prosecution cannot prove that sexual intercourse took place, it could weaken their case against the defendant.
• False accusation or alibi: The defendant might claim they were falsely accused or provide evidence showing they were not present at the time the alleged offense occurred.
• Entrapment: If law enforcement induced or persuaded the defendant to commit the statutory rape offense that they wouldn't have otherwise committed, they might claim entrapment.

Reminder: Consent is not a valid defense to statutory rape charges in California. The law considers minors incapable of giving legal consent, no matter their words or actions.

What is the “Romeo and Juliet” Exception?

The "Romeo and Juliet" exception in California refers to a provision in the law that provides some leniency in cases of statutory rape where the individuals involved are close in age. It aims to prevent consensual relationships between minors, especially teenagers, from being prosecuted as harshly as relationships involving an adult and a minor. This exception is found under the "close-in-age exemption" or "consensual relationship exception." It allows for a defense in certain statutory rape cases when both parties are minors and have a limited age difference.

The Romeo and Juliet exception typically applies when:

• Both parties are minors: The exception generally applies when both the accused and the alleged victim are minors under the age of 18.
• Limited age difference: If the two parties are within 3 or so years of age of each other, the exception might apply. For example, the exception could be argued if the parties are 17 and 19.

The rationale behind the Romeo and Juliet exception is to recognize that consensual sexual relationships between adolescents of similar ages may not merit the same legal consequences as an adult engaging in sexual activity with a minor. It acknowledges that teenagers might engage in consensual relationships with their peers, and in certain circumstances, the law seeks to differentiate between these situations and those involving an adult and a minor.

However, while this exception may provide some defense in certain cases, it doesn't entirely exempt individuals from statutory rape charges. Rather than face felony charges, the accused individual may face misdemeanor charges, resulting in reduced jail time and smaller fines.

Statutory Rape FAQs

Q: Can I be charged if the other person said they were 18? 

A: Yes, you can still be charged, but as mentioned above, a "reasonable mistake of age" can be used as a defense in California if we can prove your belief was sincere and backed by evidence (like a fake ID or social media profile).

Q: Does consent matter in a statutory rape case?

A: Legally, no. The minor’s consent is not a defense to the crime itself. However, evidence of consent can be very helpful during the sentencing phase or when negotiating for a misdemeanor instead of a felony.

Q: Will I have to register as a sex offender?

A: This depends on the specific subsection you are charged with and whether it is a felony or misdemeanor. Our primary goal is often to negotiate a plea that avoids the PC 290 registration requirement entirely.

Q: What if we are both minors?

A: If both parties are minors, the case is usually handled in Juvenile Court. While the penalties are different, the long-term impact on a juvenile record can still be significant, requiring an experienced defense.

Q: Can charges be filed if the minor’s parents don’t want to prosecute?

A: In California, the decision to file or "press" charges lies solely with the District Attorney, not the minor or their parents. While the prosecution often considers the wishes of the family, they can—and frequently do—proceed with the case if they believe a crime occurred and they have enough evidence to secure a conviction.

Q: Does "sexual intercourse" include other forms of physical intimacy?

A: No. Under PC 261.5, statutory rape specifically requires penetration of the female genitalia by the male penis, however slight. Other forms of sexual contact (like oral copulation or lewd acts) are governed by different statutes. If the prosecution cannot prove penetration occurred, the statutory rape charge cannot be sustained.

Q: Can a statutory rape charge affect my current job even before a conviction?

A: Unfortunately, yes. California is an "at-will" employment state, and many professional licenses (teaching, nursing, etc.) require the disclosure of an arrest or pending criminal charges. A pending case in Los Angeles can trigger internal investigations or administrative leave. Acting quickly to clear your name is vital to preserving your career.

Q: What if the minor lied about their age on a dating app?

A: This can be a powerful component of a "Reasonable Mistake of Age" defense. If we can provide screenshots of a dating profile where they claimed to be 18 or older, or show they used a fake ID, we can argue that your belief was honest and objectively reasonable, which is a valid legal defense in California.

Q: Can a statutory rape conviction be expunged later?

A: If you were convicted of a misdemeanor or a felony where you were granted probation and successfully completed it, you may be eligible for an expungement under PC 1203.4. This does not "erase" the record from law enforcement view, but it can help significantly with private employer background checks.

Consult Our L.A. Statutory Rape Defense Attorneys Today

If you are facing statutory rape charges, choosing the right criminal defense attorney can make all the difference. At Stephen G. Rodriguez & Partners, we are known for our knowledgeable approach to hard-fought cases that is backed by our 70+ years of combined legal experience.

When you hire our Los Angeles statutory rape defense lawyers, you can benefit from our:

• Experience and familiarity: We have decades of total practice experience focused on tough criminal defense cases, including sex crimes and statutory rape charges. We know what the prosecutors in Los Angeles use to land a conviction, as well as how local judges tend to reach their rulings. Make our familiarity your advantage.
• Case investigation methods: Our legal team can conduct thorough investigations to gather evidence supporting your defense, which may involve interviewing witnesses, examining forensic evidence, and uncovering any mitigating factors that could strengthen your case.
• Negotiation and litigation representation: We can engage in negotiations with prosecutors to potentially reduce charges (like arguing for statutory rape to be a wobbler charge reduced to a misdemeanor) or seek alternative resolutions. If the case goes to court, our trial team will be ready to stand up for your rights before a judge and jury.
• Emotional support: Facing statutory rape charges can be emotionally challenging. We provide support and guidance throughout the legal proceedings because we see you as a person in need first and foremost, not a case number.

We do not recommend that you try to handle this on your own by speaking to the victim or their family. Anything you say can and will be used against you in a criminal prosecution. You should reach out to our law firm before you even speak to law enforcement. We can provide statutory rape defense representation even before you are officially charged!

Call the offices of Stephen G. Rodriguez & Partners at (213) 481-6811 to schedule a no-cost, confidential consultation and learn about your rights, defenses, and legal options when you’ve been accused of statutory rape in Los Angeles.