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Sarah may be charged with statutory rape for having sex with Raphael. Thus, the prosecutor will also be required to prove how old the parties were when the intercourse took place.: Cory is 19. Cory knows people who have gone to jail for statutory rape and is very concerned about this threat.So he and Brianna plan on waiting until she is 18 before they have sex. On the night of February 1, she and Cory stay up late.
: Troy is 19 years old but is still a senior in high school.
The following are examples of some of the most common.
You honestly and reasonably believed that the alleged victim was over 18.
The offense of statutory rape is a wobbler, which means that...depending on the circumstances..may be charged as either a misdemeanor or a felony.
The age difference between the defendant and the minor is one of the major factors determining how the crime is tried.
Don't try to explain your side of it to the cops or talk your way out of it. A statutory rape charge can have significant consequences, which is why I will conduct a thorough investigation to help prove your side of the story..your innocence." The reason that statutory rape is a crime is because minors-people under the age of 18-are legally deemed unable to give consent.
This means that even if the alleged victim was a willing participant in the act..fact won't serve as a legal defense to a California statutory rape charge.If you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, you can't be convicted under California statutory rape law.: Todd meets Jessica at a bar that requires patrons to present ID showing that they are 21 or older before entering.While he and Jessica are talking, he sees her order a drink at the bar, presenting a driver's license that says she is 21.One of her classmates in a math class is Raphael, a 16-year-old math genius who is taking college classes even while he attends high school.Sarah and Raphael begin studying together, and a romantic relationship develops. Raphael's mother finds out, and contacts the police. As we discuss in Section 2 below, the potential penalties for unlawful intercourse with a minor depend on the age of the "victim"..on the age difference between him/her and the defendant.If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe..can include up to four (4) years in California state prison!