Top Laguna Hills, CA Statutory Rape Lawyers Near You
Arrested? Or Think You May be Arrested? Call David. Interviewed by NBC & Dr Drew for his Criminal Defense Success.
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When Results Matter Most, Put 42 Years of Criminal Defense to Work For You! Open 24/7. Free Consultation.
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SoCal Super Lawyers 16 years in a row, AV rated. Criminal defense attorney offering experience, skill and personal attention.
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6345 Balboa Blvd, Suite 247, Encino, CA 91316
If you need Statutory Rape help in California, contact Law Office of Gregory Rubel, a local practice in Laguna Hills, for legal representation.
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16520 Bake Parkway, Suite 280, Irvine, CA 92618
Representing people in Laguna Hills, California with their Statutory Rape issues.
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260 St. Ann's Drive, Laguna Beach, CA 92651
Clients who need legal help with Statutory Rape concerns can contact Law Offices of Barry T. Simons, a reputable law firm in Laguna Hills, California.
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1440 N Harbor Blvd, Suite 900, Fullerton, CA 92835
Contact Law Offices of David Borsari for experienced Statutory Rape guidance in Laguna Hills, California.
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23679 Calabasas Road, Suite 412, Calabasas, CA 91302
Assisting people in California with their Statutory Rape needs. Learn More.
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2049 Century Park E, Suite 3500S, Los Angeles, CA 90067
4929 Wilshire Boulevard, Suite 1010, Los Angeles, CA 90010
6131 Orangethorpe Ave, Suite 370, Buena Park, CA 90620
2030 Main Street, Suite 1300, Irvine, CA 92614
1055 West 7th Street, 33rd Floor, Los Angeles, CA 90017
4350 Von Karman Ave, 4th FL, Newport Beach, CA 92660
10250 Constellation Blvd, Suite 900, Los Angeles, CA 90067
865 S. Figueroa St., Suite 3100, Los Angeles, CA 90017
20955 Pathfinder Road, Suite 100, Diamond Bar, CA 91765
1300 Bristol St. N., Suite 100, Newport Beach, CA 92660
1801 Century Park East, 24th FL, Los Angeles, CA 90067
18411 Crenshaw Blvd, Suite 120, Torrance, CA 90504
PO Box 48011, Beverly Hills, CA 90211
3701 Wilshire Blvd, Suite 210, Los Angeles, CA 90010
24811 Alicia Parkway, Suite E-#351, Laguna Hills, CA 92653
3460 Ocean View Blvd, Suite F, Glendale, CA 91208
27130 Paseo Espada, Ste 521, San Juan Capistrano, CA 92675
355 South Grand Ave, Suite 2450, Los Angeles, CA 90071
633 West Fifth Street, Suite 1600, Los Angeles, CA 90071
1400 N. Harbor Blvd., Suite 601, Fullerton, CA 92835
Laguna Hills Statutory Rape Information
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What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.