Statutory Rape
Los Angeles Sex With A Minor Defense Attorneys
Accused Of Statutory Rape or Sex With A Minor In California?
If you or a loved one has been arrested or faces charges of having sex with a minor in California (sometimes called statutory rape), Penal Code 261.5, the next move you make can put you on the path to freedom or put you on the path to prison. It can mean the difference between being able to live life on your terms and living under a constant cloud of suspicion and targeting by neighbors and strangers who find your address by searching online databases of sex offenders.
Statutory Rape: What You Need To Know
California defines statutory rape as sexual intercourse between an adult and a minor. Even if the sex was consensual it is illegal because a minor is deemed unable to give legal consent to engage in sexual activity. The greater the disparity the age, the more severe the charge and penalties will be.
Why Age Matters
If you are less than three years older than the alleged minor victim, you will be charged with a misdemeanor punishable by up to one year in jail, summary probation, and/or a fine of up to $1,000.
If you are more than three years older than the alleged minor victim, you can be charged with either a misdemeanor or felony. A felony conviction for statutory rape is punishable by up to one year in jail or 16 months to three years in prison.
If you are over the age of 21 and had sex with someone under the age of 16, you will be charged with felony statutory rape and be subject to an additional four years in prison and $10,000 fine.
Defending Accusations of Statutory Rape in L.A.
There are two viable defenses that are often used to combat rape charges. They include:
- Mistake of Age – Did you have a reason to believe that the alleged victim was not a minor? Evidence that may be used to support this argument may include a fake I.D. used by the minor; misleading or false statements by the minor; or witnesses who can support your claim that you were unaware of the person’s age.
- False Accusation – Did the alleged victim make up the allegations due to bad blood that exists between the two of you?
Get Help From a Los Angeles Statutory Rape Defense Attorney at Lewin Law Group
Without the most aggressive, experienced, winning Los Angeles defense lawyer fighting for you, your conviction could result in the end of your life as you know it. The LAST thing you need is a statutory rape conviction on your record, as this will permanently tarnish your reputation and impact your entire future.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, but you are being accused and/or investigated, read more about how we get involved with pre-file investigations.) Remember, do NOT speak to police, investigators, or detectives about your case. Anything you tell them CAN be used against you in a court of law. Prosecutors WILL NOT BE LENIENT with you because you’re “being nice.” It doesn’t work that way.
If you’ve been charged with having sex with a minor (statutory rape) in California, time is of the essence! Every minute you wait matters, so call defense attorney Chad Lewin at Lewin Law Group immediately for a FREE, CONFIDENTIAL consultation at (800) 458-1488. We are available 24 hours a day, 7 days a week to help you or your loved ones.