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Statutory Rape Fighting for Your Rights & Freedoms

Statutory Rape in Ventura County

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In California, it is against the law for an adult (a person who is 18 years of age or older) to have sex with a minor (a person younger than 18), despite the fact it is consensual. The statutory rape laws are premised on the assumption that a minor is not capable of providing informed consent to sex. If you have been arrested for or accused of statutory rape, you need to get experienced legal counsel from a qualified lawyer.

Statutory Rape Penalties

Statutory rape is prosecuted under California's rape and sexual assault laws. This sex crime is considered a “wobbler” offense, meaning that it can be considered a misdemeanor or felony depending on the circumstances of the crime.

If the defendant is no more than three years older than the minor, then he or she will be charged with a misdemeanor. A misdemeanor is punishable by a maximum county jail sentence of one year and a fine of up to $1,000.

However, if the defendant is more than three years older, the prosecution can choose to either charge the defendant with either a misdemeanor or a felony. If charged as a felony, the defendant faces a county jail sentence of either 16 months, two years, or three years, as well as a maximum fine of $1,000.

If the defendant is 21 years of age or older and the victim is younger than 16 years old, the offense is a felony. This type of felony is punishable by a two, three, or four years in prison and a maximum fine of $10,000.

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