Los Angeles Statutory Rape Defense Attorneys
Defense for Unlawful Intercourse with a Minor in Los Angeles
Statutory rape refers to forced, non-consensual sex between an adult and a minor (a person under the age 18). Statutory rape, also referred to as unlawful intercourse with a minor, does not just include intercourse. Oral sex and anal sex can also lead to statutory rape charges.
Allegations of statutory rape can be very tricky. Most people hear the word “rape,” and automatically assume that one person coerced another person to have sex against his or her will. However, in many statutory rape cases, the defendant never forced the victim to have sex. Under California law, people under the age of 18 do not have legal authority to consent to sexual activity. This means that even if a person younger than 18 wants to have sex, he/she does not have lawful permission to give consent. As a result of this law, even if the “victim” consented to having sex, his or her parents can still press charges. This presents a huge problem to couples in relationships where one person is over 18 but the other is under 18.
Penalties for Statutory Rape in Los Angeles
For people living in Los Angeles, the penalties for statutory rape are outlined in California Penal Code section 261.5. The penalties for a statutory rape conviction will depend largely on the age difference between the victim and the defendant. In general, the younger the victim is, the more serious the charges will be. If the age difference between the adult and the minor is three years or less, it is considered a misdemeanor and will result in up to one year in jail. If the difference in age is more than three years, then the crime can be charged as either a misdemeanor or a felony, and can lead to up to one year in jail or prison. If the victim is younger than 16, or if defendant is 21 or older, then it is usually a felony, resulting in up to four years in prison.
Contact a Los Angeles Statutory Rape Defense Lawyer
California is one of the few states that acknowledges that some people honestly believed, and had a justifiable reason to believe, that the victim was older than 18. This is a viable defense in California, and has saved many innocent people from criminal conviction. At Okabe & Haushalter, our Los Angeles statutory rape defense attorneys have helped many people avoid a conviction with this defense strategy and can do the same for you. If you didn’t know the victim was a minor, or if the victim lied about his/her age, we will make sure you are properly defended at each stage of your case.
If have been arrested for statutory rape in Los Angeles, let us help you fight your charges and preserve your rights and reputation. We are trustworthy, experienced, and dependable Los Angeles sex crimes defense attorneys who are truly interested doing whatever we can to help you avoid a criminal conviction!
Contact Okabe & Haushalter to speak with a Los Angeles statutory rape defense attorney!