California age of consent dating
She claimed it was rape, he claimed it was consensual, and a jury acquitted him of the charges.
Most states do not recognize a mistake of age as a valid defense against a statutory rape charge.
However, the law in California allows a mistake of age as a defense in some statutory rape cases if the court determines that an average, “reasonable” person would probably have made the same mistake.
A misdemeanor conviction for a statutory rape charge in this state is punishable by up to a year in jail and/or a fine of up to $1,000 and/or a term of probation.
If the statutory rape charge is a felony charge, a conviction is punishable by up to four years in prison and/or a fine of up to $10,000 and/or a term of probation.
Generally speaking, the statute of limitations for statutory rape will depend on the age disparity between the alleged victim and the defendant.
Anyone who is charged with statutory rape – or with any sex crime in Southern California – will need to be represented by an experienced Orange County criminal defense attorney.
The charges considered statutory rape in California include: Depending on the ages of the individuals who are involved and on other factors such as prior criminal convictions, a statutory rape charge may be filed and prosecuted as either a misdemeanor or as a felony in California.The laws against statutory rape are enforced aggressively in the state of California.When someone is convicted of statutory rape, no leniency will be offered by the court.While it is a reality that many California teenagers are sexually active, according to one California court, “that fact alone does not establish that minors have a right to privacy to engage in sexual intercourse.” Thus, in the state of California, it is against the law for a legal adult – someone age 18 or older – to engage in sex with a minor – anyone below the age of 18 – even if the sex is “consensual.” Adults who break that law can be charged with statutory rape.Statutory rape laws presume that minors are incapable of consenting to have sex.Take, for example, the widely publicized case of Marcus Dwayne Dixon, an 18-year-old high school honor student and star football player who had sex with a 15-year-old female classmate.