In California, even if a minor lies about their age or willingly engages in a sexual relationship, the defendant can still face criminal and civil penalties for statutory rape. It does not matter if you are tricked or misled, prosecutors in California can and will prosecute you to the fullest extent of the law.

San Diego Statutory Rape Lawyer

If you have been charged with Statutory Rape, know that law enforcement rarely cares about the context of your case. Regardless of any context, law enforcement will attempt to prosecute you to the fullest of the law. Contact an experienced defense attorney immediately if you have been charged with statutory rape in San Diego County.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges for decades and is ready to build your statutory rape case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Statutory Rape Laws in California

Back to top

The Crime of Statutory Rape Under California Law

Statutory rape in California is defined by Penal Code § 261.5, which criminalizes sexual intercourse between an adult (18 years or older) and a minor (under 18 years old). The law applies regardless of the circumstances, including whether the minor consented or lied about their age.

Penal Code § 261.5 divides offenses into three categories based on the age difference:

  1. Misdemeanor (§ 261.5(b)): Applies when the minor is within three years of the defendant’s age. For example, a 19-year-old high school graduate engages in consensual sexual intercourse with a 17-year-old partner. Because the age difference is less than three years, the defendant is charged with a misdemeanor. This is known colloquially as the “Romeo and Juliet Clause.”
  2. Wobbler Offense (§ 261.5(c)): A case where the minor is more than three years younger than the defendant can be charged as either a misdemeanor or a felony, depending on the prosecution’s discretion and the facts of the case. For example, a 22-year-old college student has a relationship with a 16-year-old. The age difference exceeds three years, making the charge eligible as a misdemeanor or a felony. Prosecutors might consider factors like the nature of the relationship and prior behavior to decide the charge.
  3. Felony (§ 261.5(d)): Applies when the defendant is 21 or older, and the minor is under 16.

Additionally, Penal Code § 289(i) addresses sexual penetration involving a defendant 21 or older and a minor under 16, with potential for harsher penalties. These laws aim to protect minors but impose strict liability, meaning a defendant’s intentions or the nature of the relationship are not considered defenses.

Back to top

Penalties for Statutory Rape in California

Penalties for statutory rape in California vary depending on the ages of the individuals and the nature of the charges:

  1. Misdemeanor Statutory Rape (§ 261.5(b)): If the age difference between the defendant and the minor is three years or less, the penalty includes up to one year in county jail and/or a fine of up to $1,000.
  2. Wobbler Statutory Rape (§ 261.5(c)): If the age difference is more than three years, the offense may be charged as a misdemeanor or felony. Misdemeanor penalties mirror those described above, while felony penalties include up to three years in state prison.
  3. Felony Statutory Rape (§ 261.5(d)): When the defendant is 21 or older, and the minor is under 16, penalties include two, three, or four years in state prison.

In addition to criminal penalties, civil fines under Penal Code § 261.5(e) range from $2,000 to $25,000, depending on the age difference and the circumstances. These fines are meant to fund programs preventing teenage pregnancies and are separate from criminal sanctions.

Back to top

Lesser Charges to Statutory Rape

In some cases, statutory rape charges may be reduced to lesser offenses, depending on the circumstances and evidence presented. Lesser charges can offer an alternative resolution with reduced penalties.

  • Child Annoyance (Penal Code § 647.6): Does not require physical contact with the minor for a conviction; inappropriate speech or gestures alone can result in criminal charges.
  • Attempted Statutory Rape (Penal Code § 664): If sexual intercourse did not occur but there was intent and preparation, the charges may be reduced to an attempt. This often carries less severe penalties than a completed act.
  • Contributing to the Delinquency of a Minor (Penal Code § 272): This charge applies when a defendant’s actions encourage unlawful or delinquent behavior by a minor. It may be used in cases where the sexual element is less clear or where prosecutors cannot prove penetration.

Back to top

Defenses in Statutory Rape Cases

The Sexual Act Did Not Include Penetration
California Penal Code § 261.5 requires penetration, no matter how slight, to meet the definition of sexual intercourse. If the defense can demonstrate that no penetration occurred, this critical element of the offense is not satisfied, which can lead to dismissal or reduction of charges. However, the alternate to statutory rape is Annoyance of a Child, a lesser offense.

The Accusation Is False or Fabricated
False allegations of statutory rape may stem from personal disputes, coercion, or ulterior motives. Most often, these allegations can come from parents who dislike their child’s significant other.

Back to top

Statutory Rape FAQ

  1. Can a minor consent to sexual activity?
    No, minors under 18 cannot legally consent to sexual activity under Penal Code § 261.5.
  2. What if the minor lied about their age?
    A reasonable belief about the minor’s age may mitigate charges, but it must be supported by credible evidence. Additionally, if the minor reasonably looks to be so, the state does not care if you were lied to.
  3. Can the charges be dropped if the victim refuses to testify?
    Not necessarily. The state prosecutes criminal charges and may use other evidence to proceed without the victim’s testimony.
  4. Do statutory rape charges always result in felony convictions?
    No. Charges range from misdemeanors to felonies depending on the age difference and other circumstances.
  5. Is sex offender registration required for statutory rape convictions?
    Convictions under Penal Code § 261.5 do not typically require registration, but related offenses or aggravating factors might.
  6. Can statutory rape charges apply to consensual relationships?
    Yes. Consent is not a defense under Penal Code § 261.5, even in consensual relationships. As previously mentioned, children cannot consent.
  7. Can charges be reduced to lesser offenses?
    Yes, depending on the facts of the case and the strength of the prosecution’s evidence, charges may be reduced.
  8. How long will a statutory rape conviction stay on a defendant’s record?
    Convictions are generally permanent but may be eligible for expungement under certain conditions.
  9. What are the civil penalties for statutory rape?
    Civil fines range from $2,000 to $25,000 under Penal Code § 261.5(e).

Back to top

Additional Resources

Sexual Assault Testing Kits – This resource from the San Diego County Sheriff’s Office provides information on sexual assault response and forensic testing. It includes guidance on preserving evidence, how to check the status of a DNA test kit, and the rights of victims, such as the right to an advocate. Contact information for reporting or seeking updates on cases is also included.

Sexual Misconduct and Relationship Violence Reporting and Response Standards and Protocols – This University of San Diego guide outlines policies and procedures for reporting and addressing sexual misconduct and relationship violence. It covers Title IX processes, victim support resources, disciplinary procedures, and accommodations. The resource also provides definitions, reporting options, and standards to help maintain a safe campus environment.

Statutory Rape Vertical Prosecution – This page from the San Mateo County District Attorney’s Office explains the approach of vertical prosecution in statutory rape cases, where one attorney handles a case from start to finish. It highlights California’s high rates of teen births and provides statistics, legal information, and contacts for reporting statutory rape cases.

Back to top

Hire a Defense Attorney for Statutory Rape in San Diego, California

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of criminal charges including serious sex offenses for decades and is able to build a solid defense for a statutory rape case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon and San Diego.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.