San Diego Criminal Defense Attorney Talks About Statutory Rape

San Diego Criminal Defense Attorney Talks About Statutory Rape

Articles, Blog , , , , , , , , , 0 Comments


– Hi, my name is David Shapiro, San Diego based criminal
defense attorney. And today I’d like
to talk to you about statutory rape
charges in California. Statutory rape is
usually governed by Penal Code Section 261.5, and statutory rape
means is a lot of times consensual sex
between two people, one of which being
under the age of 18. So even though both
parties consented, statutorily under the law
the age of consent is 18. So that would be an illegal act. Statutory rape, a lot of how
these cases are prosecuted, if they’re even prosecuted, the accused and
the alleged victim. If there’s less than a
three year age difference, so say for example
the accused is 19 and the alleged victim is 17, at worst usually
we see these cases charged as a misdemeanor. If there’s more than a
three year age difference, that person could be facing
up to three years in custody. If you’re in a situation
where the person’s over 21 and the minor is
under the age of 16, you could be dealing with
up to four years in custody. And if they’re under 14
you could be dealing with a lewd and lascivious
act on child whether there’s consent or not. And you could get up to
eight years in state prison at 85% of that time. So the age is very important. Many times we see
these relationships corroborated or confirmed
on Facebook conversations. On text messages, on admissions, so you have to be very careful. A lot of times I get get
calls, hey I’m 19 years old, my girlfriend’s
17, she’s pregnant. Am I gonna get charged,
am I gonna get convicted? Well, the age difference
in that situation is less than three
years so the worst you’ll be looking
at a misdemeanor. Can the prosecutor, can
the district attorney, can the city attorney charge
you with those offenses? Yeah, they certainly could
if they could prove it. That you guys has
something inappropriate, at least under the
law, sexual relations. I think it would be
hypocritical of a lot of people if you’re dealing with
a situation where, hey you know this
guy’s is 18 and a half, and his girlfriend’s
17 and they had sex, or they had sexual relations. Well, you know a lot of
people will be charged with those offenses
throughout the course of time. I think the main driving
force a lot of times is how the alleged victim’s
parents are dealing with it. If they’re pushing
hard for prosecution. And also issues of proof. You know if the
person goes in there, yeah we’ve been doing
this for this long. And I was this old
and she was this old. You know you’re giving them
the case on a silver platter. So the age difference
makes a factor as well. The strength of the case
makes a difference as well. So if you’re alleged
or you get a call from your girlfriend’s parents that are like hey
how long have you been messing around with
my daughter physically? Keep your mouth closed,
be polite, be respectful. Don’t answer those questions,
contact an attorney who can be polite, be
respectful, be professional and deal with these
allegations without throwing you under the bus and without you throwing
yourself under the bus by admitting there was any
illegal conduct under the law. So you know statutory
rape in summary, the age difference
makes a big difference, but keep your mouth
closed because they still need to prove
there was some relations. And consent is not a
defense to statutory rape. So keeping those
three things in mind make sure you have
yourself a good attorney if you’re ever accused
or under investigation for Penal Code Section 261.5, or anything related to
inappropriate actions.

Leave a Reply

Your email address will not be published. Required fields are marked *