When it comes to sex crimes in Southern California few charges can be as unwarranted as a charge of statutory rape. Such a charge amounts to government interference into the consensual sex lives of a defendant and “victim.”

Still, these are very serious charges, which in the worst-case scenario can brand a defendant, often a young man just starting out in life, as a sex offender.

Santa Ana Criminal Defense Attorney Houman Fakhimi and our Criminal Defense Team represent clients facing statutory rape charges throughout Orange and Los Angeles counties, including Santa Ana and Rancho Cucamonga.

Statutory Rape is defined as unlawful sexual intercourse with a person under the age of 18. Under California Penal Code 261.5, it can be charged as either a misdemeanor or felony.

In other words, the elder of two consenting individuals involved in a relationship may be hauled before the court to answer to a charge of statutory rape.

The state need only prove penetration in order to prove statutory rape. The law applies to non-married couples in cases where the victim is under the age of 18. Force is not required. The law recognizes three age brackets:

• The defendant and victim are not more than 3 years apart in age. This case would be charged as a misdemeanor.
• The defendant and victim are more than 3 years apart in age. This case can be charged as either a misdemeanor or felony.
• The defendant is over 21 while the victim is under the age of 16. This case can be charged as either a misdemeanor or felony.

Those convicted of misdemeanor statutory rape in Southern California can face up to a year in jail, a $1,000 fine and probation. Felony statutory rape charges carry a penalty of up to 4 years in state prison, a $10,000 fine and formal probation requirements.

While no allegation of force is required under the law, convictions involving force may result in an additional five years in state prison. A defendant may also be subjected to civil penalties of up to $25,000.

An experienced Orange County defense lawyer should review your case and decide upon the best course of action. A reasonable belief that the victim was 18 years of age or older is one possible defense. False allegations is another. Like all sex charges, speaking to investigators is typically a mistake. Authorities know such charges are embarrassing and will often use a defendant’s shame to elicit a statement.

Do yourself a favor and exercise your right to remain silent.

If you are facing charges of statutory rape in Los Angeles, Santa Ana or Rancho Cucamonga, contact the Southern California Criminal Defense Team for a free and confidential consultation to discuss your rights.