In San Diego, California, statutory rape—legally referred to as unlawful sexual intercourse with a minor—can lead to criminal charges even when both people believed the relationship was consensual. Many defendants are surprised to learn that consent is not a defense when one person is under California’s legal age of consent. Depending on the ages of those involved, prosecutors may file the offense as either a misdemeanor or a felony.
These cases are often emotionally complicated because they may involve dating relationships, family disagreements, or allegations that arise well after the relationship began. Blair Defense Criminal Lawyers represents individuals throughout San Diego charged with serious sex crimes.
If you are under investigation or have already been charged, contact a San Diego statutory rape attorney at (619) 357-4977 to schedule a free and confidential consultation.
Why Choose Blair Defense Criminal Lawyers if You’re Arrested for Statutory Rape in San Diego, CA?
A statutory rape allegation can affect nearly every aspect of your life, from your personal relationships to your employment and future opportunities. Responding to these charges often requires more than simply reviewing police reports. It may involve examining communications, witness statements, and the circumstances surrounding the allegations.
At Blair Defense Criminal Lawyers, our experienced team provides strategic defense representation for defendants charged with statutory rape in San Diego, CA.
Our San Diego sex crimes attorneys offer the following advantages:
- 15+ years of criminal defense experience representing clients accused of serious crimes
- Recognition from Super Lawyers and The National Trial Lawyers Top 100 Attorneys
- Top 40 Under 40 Trial Attorney recognition
- A Perfect 10 Avvo Rating
- A defense strategy developed around the facts and evidence unique to each case
No two statutory rape cases unfold the same way. Our attorneys take the time to understand the circumstances, explain the legal process, and identify defenses that may be available under California law.
If you have questions about a statutory rape investigation or pending charges, contact the firm today to schedule a free case review with a San Diego criminal defense lawyer.
Overview of Statutory Rape in California
Statutory rape is governed by California Penal Code section 261.5, which makes it unlawful to engage in sexual intercourse with a person under the age of 18. Because California sets the age of consent at 18, a minor cannot legally consent to sexual intercourse for purposes of this statute.
Unlike many other sex crime cases, prosecutors do not have to prove force, threats, intimidation, or lack of consent. Instead, the prosecution generally must establish that sexual intercourse occurred and that one of the individuals involved was under 18 years old.
What Are the Penalties for Statutory Rape in San Diego, California?
The potential penalties for statutory rape depend largely on the age difference between the defendant and the minor, along with how prosecutors decide to file the case.
Potential penalties include:
- Age difference of three years or less: Generally charged as a misdemeanor, punishable by up to one year in county jail and a fine of up to $1,000.
- Age difference of more than three years: May be charged as either a misdemeanor or a felony. A felony conviction may carry up to three years in state prison and fines of up to $10,000.
- Defendant age 21 or older and minor under 16: California law can impose enhanced felony penalties, including a possible prison sentence of two, three, or four years and fines of up to $10,000.
Unlike many California sex offenses, a statutory rape conviction does not automatically require registration as a sex offender. However, other collateral consequences may apply.
What Should You Do If You’re Being Investigated for Statutory Rape?
Many statutory rape investigations begin before an arrest is made. During that time, law enforcement may attempt to gather statements, review electronic communications, or interview witnesses.
If you learn that you are being investigated, it may be helpful to:
- Avoid discussing the allegations with the other person involved
- Preserve text messages, emails, and other communications
- Avoid posting about the situation on social media
- Exercise your right to remain silent until you have received legal advice
- Speak with a San Diego criminal defense attorney before responding to investigators
The decisions made during an investigation can sometimes affect how a case develops later.
What Defenses Can Be Raised If I’m Arrested for Statutory Rape?
Although consent is not a defense to statutory rape, that does not mean every allegation results in a conviction. The available defenses depend on the facts, evidence, and circumstances surrounding the accusation.
Potential defenses include:
- Reasonable Mistake of Age: You may argue that you honestly and reasonably believed the other person was at least 18, given the surrounding circumstances.
- No Sexual Intercourse Occurred: The defense can challenge the prosecution’s case if the evidence fails to establish that sexual intercourse actually took place beyond a reasonable doubt.
- False Accusation: Evidence like witness statements and communications can be reviewed to determine if the allegations stem from relationship conflicts, family disputes, or misunderstandings.
- Constitutional Violations: If law enforcement obtained evidence or statements unlawfully, you may be able to have that evidence excluded, which can significantly impact the prosecution’s case.
The appropriate defense depends on the specific facts of each case. A San Diego sex crimes lawyer can investigate and build a case that is tailored to your unique circumstances.
Schedule a Free Case Evaluation With Our San Diego Statutory Rape Attorneys Today
A statutory rape allegation can have lasting legal, professional, and personal consequences, even before a case reaches trial. Blair Defense Criminal Lawyers understands that these cases often involve complicated personal circumstances as well as significant legal issues.
If you have been accused of unlawful sexual intercourse with a minor or believe you are under investigation, learning about your legal options early may help you make informed decisions about your case. Contact us today to schedule a free consultation with a San Diego statutory rape lawyer.