Given that the legal age of consent in California is 18 years of age, it is a crime for any person to engage in sexual intercourse with a person under the age of eighteen. Since the victim is unable to give consent, it is irrelevant for the defendant to claim or for the victim to state that he/she, in fact, did provide consent! And technically, given the language of the statute, the “victim” of statutory rape can also be a “defendant”. In such cases, the case will likely be filed in the juvenile court system (see Juvenile-Related Offenses).
Defenses
The primary defense for a statutory rape charge may occur when a defendant reasonably believed that the victim was 18 years of age or older. A “good faith belief” defense exists when the underlying circumstances of the event reflect the defendant reasonably and actually believed the victim was age 18 or older. For example:
- the defendant saw the victim present an ID to a bartender and was served alcohol
- the victim’s said she was over 18 and her appearance also reflected an older age
Significantly, the prosecutor bears the burden to prove beyond a reasonable doubt that this defense did not exist! Practically speaking, however, a client will have to be very specific about the circumstances that led him/her to reasonably believe that the victim was 18 years of age or older. Unlike rape offenses covered under Penal Code section 261, statutory rape can be filed as a misdemeanor, if the victim-minor was less than three years younger than the defendant. If the defendant is more than three years older than the victim, the charge can be filed as a misdemeanor or a felony.
Punishment & Sex Registration
For statutory rape offenses (age difference is less than three years) the misdemeanor punishment can include up to six months in custody in the county jail, and fines/fees. If, however, the statutory rape charge involves an age difference greater than three years, the misdemeanor punishment can increase up to one year of custody in county jail. If filed as a felony, the punishment can include the defendant being placed on formal probation and serving up to one year of custody in the county jail, plus fines/fees. If felony probation is denied, the defendant may serve 16 months, 2 years, or 3 years of custody in state prison.
Finally, in statutory rape charges involving a defendant at least 21 years of age and victim is under sixteen years of age, the misdemeanor punishment can include up to one year of custody in county jail. If filed as a felony, the punishment can include the defendant being placed on formal probation and serving up to one year of custody in the county jail, plus fines/fees. If felony probation is denied, the defendant may serve 2 years, 3 years, or 4 years of custody in state prison.
Unlike many sex-related offenses, a conviction for statutory rape, whether a misdemeanor or felony, does not automatically require sex registration per Penal Code section 290. Keep in mind, however, that a court has the discretion to impose such a sex registration requirement, if the judge finds that the defendant committed the offense as a result of sexual compulsion or for the purposes of sexual gratification (Penal Code section 290.006).