It is possible to end probation early even in statutory rape cases. In this successful case, S&B Legal’s criminal defense representation was able to get a client convicted of attempted sexual intercourse with a minor and placed on three years’ probation off probation early. If you or a family member or acquaintance is in a similar situation, contact us today for a free consultation with a sex crimes attorney and the best legal representation.
Statutory Rape in the California Penal Code
Intercourse with a person under the age of 18 in California is classified as a crime and is called “statutory rape” in the local penal code. Other names by which this legal offense is known are “unlawful intercourse” or “unlawful sex with a minor.”
But what is statutory rape and how is it punished? Before answering this question, it is also important to clarify other common doubts, such as at what age is it legal to have sex in the United States and what is the age of consent in California.
The age of consent for consensual sex in the United States at the federal level is 16, but this varies by state. 32 states are governed by this federal age of consent, in another eight the legal age for having sex is 17, and in the state of California and another 10 states, sexual relations with partners under 18 are prohibited.
Statutory rape in the California Penal Code is defined in section 664/261.5, which defines sexual relations with a person under 18 years of age as such.
An important point to note about this article: sexual activity with a person under 18 years of age is considered statutory rape in California even if that person appears to consent to the act. This means that statutory rape can be charged even if it is a romantic relationship without conflicts. Furthermore, not only adults can be charged under section 261.5, but also minors even if they were under 18 years old when the sexual intercourse occurred.
However, there are some exceptions to the statutory rape law in California, including:
- The victim and the aggressor must be married.
- The victim must be over 14 years old and the aggressor must be less than five years older than the victim.
Statutory rape in California: a wobbler crime with variable penalties
In California, statutory rape under the penal code is a wobbler crime, meaning the prosecutor can decide to punish it as a felony or a misdemeanor depending on certain conditions, including:
- Age of the victim:
- If the victim is under 16 years old, it can always be charged as a felony.
- If the victim is 16 or 17 years old, it can only be charged as a felony if the accused is at least 21 years old.
- Age difference between defendant and victim:
- If the age difference is three years or less, it will always be charged as a misdemeanor.
- If the age difference is more than three years, the prosecution can decide whether to charge it as a misdemeanor or a felony.
Penalties for statutory rape under the California penal code vary. If it is classified as a misdemeanor, the person could receive up to one year in county jail, a fine of up to $1,000, or unsupervised probation.
When classified as a felony, statutory rape can involve between 1.5 to three years in state prison, which can increase to four years if the defendant is over 21 and the victim is under 16. In addition, there may be penalties such as a fine of up to $10,000 and supervised or unsupervised probation.
In our example case, the client was convicted of attempting to have sexual relations with a minor three years his junior when he was 20 years old. As part of the terms and conditions of the plea, the judge imposed three (3) years of formal probation.
Restarting your life after an expungement
It is possible to move forward and restart your life after experiencing a conviction for the crime of statutory rape. However, it is crucial that you have specialized legal advice to achieve this.
Our client was sentenced to three years of probation under Penal Code Section 664/261.5(C). Formal probation in California involves fulfilling several conditions that the judge deems pertinent, such as periodic reporting, community service, attending therapy or counseling, or submitting to drug testing.
Always under our advice, our client was law-abiding throughout this process and successfully completed all the programs that were ordered for him. As a result, our attorneys managed to get him off probation before the three years were up.
Thanks to this joint action, this citizen is now eligible for a criminal record expungement, because if the statutory rape was charged as a misdemeanor, it is generally possible to request the expungement of criminal records in California after successfully completing probation and after complying with all the conditions imposed by the court.
The impact of a criminal record for this concept is significant in a person’s life and can prevent you from buying or renting a house, finding a job, obtaining bank or student loans, professional licenses or certain credentials and even from being able to obtain your US citizenship, if you are an immigrant.
But being able to expunge your criminal record will allow our client the opportunity for a new beginning, without carrying with him the stigma and damage to reputation and honor after being convicted of statutory rape.
Prosecuted for a sexual crime of statutory rape? Consult the attorneys at S&B Legal.
Being accused of a sexual crime is a severe offense that could seriously affect you in different areas of your life. You need the representation of an experienced criminal defense attorney with in-depth knowledge of the law who will guide you to the best possible outcome. Don’t hesitate and contact S&B Legal today for a free consultation.
