What Is The Age Of A Minor In California?
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “ adult” is a person who is at least 18 years of age. (b) Any person who engages. In general, most people agree that a young child should not be treated the same as adults when it comes to punishment or legal accountability. When it comes to having the capacity to undertake certain legal actions, California law allows a minor to sue to enforce his or her rights -- although a guardian must conduct the. 14 Aug " (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age.
Statutory rape laws presume that minors are incapable of consenting to have sex. However, to win a conviction in a statutory rape case, a California prosecutor does not need to prove that any assault, force, or coercion was involved — it is still rape.
Is There A Romeo And Juliet Law In California?
The penalties for a statutory rape conviction will depend, along Laws On Minors Dating Adults California other factors, on the ages of the defendant and victim. 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.
Some convictions for statutory rape will require a convicted defendant to register as a sex offender. The status of sex offender can be a substantial barrier to finding employment and even housing. Most states will not permit registered sex offenders to reside in communities near schools, playgrounds, or parks. California law allows a marital exemption so that the marriage link of married minors are not charged and prosecuted under the statutory rape laws.
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. Legal defenses against the charge of statutory rape include the standard defenses available to defendants in all criminal cases:. Defendants who are charged with statutory rape often insist that they had no way to know that the victim was below the age of consent.
Most states do not recognize a mistake of age as a valid defense against a statutory rape charge. Some states allow an exemption from statutory rape prosecutions for young adults and older minors who are near to one another in age — for example, an year-old with a year-old. However, this exemption is partial — it only reduces the statutory rape charge from a felony to a misdemeanor, and no exemption is offered to an older person who may have abused a position of authority, such as a coach or a teacher who has had a sexual relationship with a young athlete or student.
The average age difference between a teen victim and an adult defendant in California statutory rape cases is seven years, nine months. A number of disturbing statistics tell us why enforcing the law against statutory rape is so important in California. Of the fifty states, California has the highest here birth rate in the United States, and every eight minutes, another teenager in California gives birth.
What Are California’s Statutory Rape Laws?
Of the babies born to high school-attending females in our state, 75 percent are fathered by men who are legal adults. Generally speaking, the statute of limitations for statutory rape will depend on the age disparity between the alleged victim and the defendant. If the two people involved are less than three years of age apart, the statute of limitations is one year.
If the two people involved are more than three years of age apart, the statute of limitations is one year if the charge is a misdemeanor and three years if the charge is a felony.
It's been a year and our daughter continues to sneak behind our back. But with the privilege of dating comes serious responsibilities. Aggravated Sexual Assault of a child. A Hot Topic Among Teens The recent discovery that year-old actress Jamie Lynn Spears, the sister of pop star Britney Spears, became pregnant by her year-old boyfriend has again turned consensual sex among teens into a hotly contested issue. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time.
The laws against statutory rape are enforced aggressively in the state of Read article. When someone is convicted of statutory rape, no leniency will be offered by the court.
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All information is made available on an "as is" basis. But with the privilege of dating comes serious responsibilities. Up to one year in county jail; Up to one year in a county jail or imprisonment in the state prison for two, three or four years; Up to one year in county jail or imprisonment in the state prison period unspecified.
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I called Alan and he said he could do something better. He was able to work it out so I could keep my job leaving the country and was sentenced a fifth of the original time. I'd recommend Alan Castillo to anyone who needs someone to fight for them. Because of his help and hard see more, I was able to get my life back on track. Free Consultation The charges considered statutory rape in California include: Legal defenses against the charge of statutory rape include the standard defenses available to defendants in all criminal cases: Someone else committed the crime and the defendant has been misidentified.
The crime was fabricated by the alleged victim and never in fact happened. The entire incident has been one huge misunderstanding.
The SoCal Law Network Our lawyers understand the criminal court process in this county inside and out, and are well prepared to take on your case to obtain the best outcome possible.