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Long Beach Statutory Rape Defense Lawyer

California Statutory Rape Laws

When people hear the word rape, they normally think of forcible sexual assault or any other type of sexual intercourse that is perpetrated against the will of one of the parties. The fact is that this is not always the case. Under California law, a person younger than the age of 18 years cannot legally give consent to have sex, so an adult who engages in intercourse with a minor can be charged with a crime.


Facing charges for statutory rape? Contact us today to start discussing your defense.


Unlawful Sex with a Minor

This is true regardless of whether or not the two were in a committed romantic relationship, if they both agreed to it, or even if the younger party initiated the sexual contact. The only exception to this is if the two parties were married at the time, since state law allows a minor to marry with parental consent.

The age difference between you and the alleged victim is the primary factor that determines whether you will be charged with a misdemeanor or a felony and what penalties you could receive. If the age gap is no greater than three years, the crime is a misdemeanor with a maximum sentence of one year in jail and $1,000 in fines. If it is greater, you may either be charged with a misdemeanor or felony, with a maximum sentence of 3 years in prison. In addition to the criminal sentence, you could be subjected to a civil penalty of up to $25,000 in fines.

Penalties for Statutory Rape in California

Depending on factors such as the ages of people involved, statutory rape can be a misdemeanor or felony charge.

Under California statutory rape law, you could face the following penalties if convicted:

  • Misdemeanor statutory rape: punishable by up to a $1,000 fine, up to 364 days in jail and probation
  • Felony statutory rape: punishable by up to a $10,000 fine, 16 months to eight years in prison and probation

Defense Strategies for Statutory Rape

There are multiple strategies for defending against a charge of statutory rape. If you and the other party did in fact have sex, the best approach is most likely to build a convincing argument that you honestly believed that he or she was of the age of consent based on the circumstances of the situation.

In other cases it is necessary to demonstrate that the defendant is the target of false allegations. For example, you might have abstained from having sex because you did not want to break the law, only to have your partner accuse you of statutory rape in an effort to punish you for breaking up or being unfaithful.

It is not always the alleged victim who levels the accusation; in some cases the parent will call the police after discovering the child has been sexually active, but the complaint may be based on false information. When you bring the case to the Long Beach criminal defense lawyers at West Coast Defense, we will put all of our investigative skill as former prosecutors to work for you in finding the evidence necessary to defend your rights.


Arrested for statutory rape? Call us at (800) 922-6989 to schedule a no-cost legal consultation.


Some of Our Past Results
    • Accused of a Felony Criminal Threats Entire case was dropped
    • Charged with Multiple Felony Counts ALL FELONY COUNTS DISMISSED
    • Fish and Game Violations Case Dismissed
    • Charged with Vandalism Case Dismissed
    • Charged with possession of body armor Case Dismissed and no violation of probation
    • Charged with domestic violence Case Dismissed
    • Assault and battery Case Dismissed
    • Possession of brass knuckles Case Dismissed
    • Carrying a Concealed Knife Misdemeanors were dismissed.
    • Misdemeanor sexual battery Case Dismissed
    • Charged with Giving False Information Case Dismissed
    • Charged with Criminal Threats Charged Reduced
    • Arrested for Domestic Violence CASE DISMISSED
    • Charged with Battery on a Child / Child Abuse Case Dismissed
    • Charged with Possession of a Firearm Felony Charge Dismissed
    • Charged with Cruelty to a Child Inflicting Injury CASE DISMISSED
    • Accused of sexual assault Case Dismissed
    • Accused of Child Molestation CASE DISMISSED
    • Charged with Being Drunk in Public Case DISMISSED.
    • Arrested for a Felony possession DRUG CHARGES DISMISSED
    • Fish and Game Violations Case Dismissed
    • Arrested for Domestic Violence Case was dropped
    • Charged with Felony Domestic Violence with Great Bodily Injury No Charges Filed
    • Charged with driving on a suspended license Misdemeanor dismissed, reduced to ticket
    • Charged with White Collar Fraud Probation with home confinement.
    • Charged with Battery Case DISMISSED
    • Misdemeanor hit and run Case Dismissed
    • Charged with Carrying a Concealed Weapon ALL FELONY CHARGES WERE DISMISSED
    • Hit and run collision No criminal charges filed.
    • Charged with Reckless Driving DISMISSED
    • Charged with being drunk in public Case Dismissed
    • Fish and game violations Case Dismissed
    • Arrested for Violation of Probation ALL ALLEGATIONS WERE DROPPED
    • Arrested for Felony Arson All felony charges DISMISSED
    • Firearm in airport No criminal charges filed.
    • Charged with driving under the influence of drugs Case Dismissed
    • Charged with Criminal Threats Case Dismissed
    • Charged with Petty Theft DISMISSED
    • Charged with two counts, misdemeanor assault Case Dismissed
    • Charged with Illegal Possession Case Dismissed
    • Charged with Felonious Crime Case Diverted, No Charges Filed.

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