Age of Consent & Statutory Rape Laws in California

What is the age of consent in California?

The age of consent in California is 18 years old. This means that anyone under the age of 18 is considered a minor and cannot legally consent to sexual activity. If someone engages in sexual activity with a minor under the age of 18, they can be charged with statutory rape.

What are “Romeo and Juliet” laws?

California has a “Romeo and Juliet” law that provides some leniency in cases involving minors who are close in age. If both individuals engaging in sexual activity are minors and the age difference is three years or less, it may be considered a misdemeanor offense rather than a felony. However, it’s important to note that this exception does not apply when one of the individuals is 18 years old or older.

What is statutory rape?

Statutory rape is a criminal offense that occurs when someone engages in sexual activity with a minor under the age of 18. It doesn’t matter if the minor consents to the sexual activity or not. Statutory rape is a serious offense in California and can result in severe legal consequences.

What are the legal consequences of statutory rape in California?

If an adult engages in sexual intercourse with a minor who is not more than three years younger or three years older than them, they will be charged with a misdemeanor that carries a maximum jail term of one year.

If an adult engages in sexual intercourse with a minor who is more than three years older than them, they will be charged with either a misdemeanor or a felony. The felony conviction carries a maximum jail sentence of 16 months, two years, or three years.

If an adult who is 21 years of age or older has sexual intercourse with a minor who is under 16 years old, the adult will be charged with a felony that carries a prison term of two, three, or four years.

What are some defenses to statutory rape charges?

There are several defenses that can be used in statutory rape cases. Some of these defenses include:

• Mistake of age: If the defendant reasonably believed that the minor was over the age of 18, they may be able to use this as a defense.
• Lack of knowledge: If the defendant did not know that the minor was under the age of 18, they may be able to use this as a defense.
• Consent: If the minor consented to the sexual activity and was close in age to the defendant, they may be able to use this as a defense.

It’s important to consult with an experienced criminal defense attorney to determine the best defense strategy for your case.

How can the Law Office of George Gedulin help?

At the Law Office of George Gedulin, we understand the seriousness of statutory rape charges and the impact they can have on your life. Our experienced criminal defense attorneys can provide you with the legal representation you need to protect your rights and defend your case.

Contact us today to schedule a free consultation and learn how we can help you.