Orange County Statutory Rape Attorney

What is Statutory Rape & California Penal Code 261.5 PC?

If you've been accused of statutory rape, you're facing a misdemeanor or felony charge. That means if you're convicted, you could be spending time in jail or prison. On top of that, you could be ordered to pay a hefty fine. Additionally, a conviction results in a criminal record, which can have profound ramifications for the rest of your life. With so much at stake, leaving your case up to chance or in the hands of an incompetent lawyer is not an option. Seek skilled legal help as soon as possible.

Unlike other sex crimes, statutory rape is not characterized by the use of force against another person to engage in sexual conduct. Nor is the consent of the alleged victim an element of the offense. Rather, California's statutory rape laws prohibit sexual acts based on the ages of the alleged perpetrator and the victim.

Under California Penal Code 261.5 PC, a person commits statutory rape if they have unlawful sexual intercourse with:

• A minor (someone under 18 years of age) who is not their spouse
• A person not more than 3 years younger than them
• A person more than 3 years younger than them

Additionally, an individual could be accused of committing this offense if they are 21 years of age or older and have unlawful sexual intercourse with someone under 16 years of age.

For legal services from a lawyer committed to protecting your rights and freedoms, call (714) 733-1737 today.

Statutory Rape Penalties in California

As mentioned earlier, statutory rape can be charged as a misdemeanor or a felony (what is known as a "wobbler"). Regardless of what level a person is charged with, being found guilty could result in incarceration.

The conviction penalties for statutory rape include:

• Sexual intercourse with a person no more than 3 years younger than the perpetrator is a misdemeanor, which is penalized by up to 1 year in jail and a fine of up to $1,000
• Sexual intercourse with a person more than 3 years younger than the perpetrator is a misdemeanor or felony, and punishments include up to 1 year in jail (for a misdemeanor) and 16 months or 2 or 3 years in prison (for a felony)
• Sexual intercourse between someone 21 years of age or older and a person under 16 years of age results in up to 1 year in jail for a misdemeanor conviction, and 2, 3, or 4 years in prison for a felony.

At The Law Office of Jacqueline Goodman, Attorney Jacqueline Goodman has spent years defending people facing criminal charges. She has the knowledge, skills, and resources to effectively challenge the allegations made against you and work toward a favorable outcome on your behalf. Attorney Goodman's firm is small, which means your case won't be handed off to anyone else. When you retain her services, you know who will be with you from beginning to end, and you won't go through the frustrations of explaining your situation to someone not familiar with your circumstances.

Schedule your free consultation today by calling (714) 733-1737 or filling out an online contact form