Statutory rape consists of an act of\u00a0sexual intercourse with a person\u00a0under the legal age of 18,\u00a0who is not the spouse of the perpetrator. In San Diego a minor cannot legally consent to have sexual intercourse. This means that statutory rape is a crime regardless of whether or not the sexual act was consensual. For the purpose of statutory rape, the determining factor is the minor’s actual age. If the minor is no more than three years older or three years younger than the perpetrator, then the perpetrator is guilty of a misdemeanor. Thus, two minors who engage in sexual intercourse with each other can both be punished under the statute.<\/p>\n
In consideration of the seriousness of statutory rape,\u00a0California has criminalized it under Penal Code section 261.5. Under this law, \u201cUnlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.”<\/p>\n
Any penetration, regardless of how slight.<\/p>\n
Any\u00a0person under the age of 18.<\/p>\n
Any\u00a0person who is at least 18 years of age.<\/p>\n
Basically, to convict someone of PC 261.5, the prosecutor must prove each of the following elements beyond a reasonable doubt:<\/p>\n
An\u00a0act of\u00a0sexual intercourse with a\u00a0person\u00a0under the legal age of 18,\u00a0who is not the spouse of the perpetrator is a wobbler. A wobbler is a charge that the prosecutor has discretion to file as either a misdemeanor or a felony. In statutory rape cases, the issuing attorney at the District Attorney\u2019s Office determines the severity of the charges based on the following factors:<\/p>\n
If you\u00a0engage in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than you, you could be facing:<\/p>\n
If you\u00a0engage in an act of unlawful sexual intercourse with a minor who is more than three years younger than you, you could be facing\u00a0either a misdemeanor or a felony:<\/p>\n
These are some of the criminal defenses that we can assert<\/a> on your behalf to help you overcome the charges statutory rape filed against you:<\/p>\n Statutory rape\u00a0charges can follow you the rest of your life.\u00a0If you or a loved on is charged with statutory rape, especially if you are facing the threat of having to a felony conviction, the best thing you could do is find a skilled criminal defense attorney with experience in handling sex crime cases in San Diego<\/a>, from sexual battery cases<\/a> to statutory rape cases. You should particularly try to find a local criminal defense attorney who knows the local San Diego judicial system.<\/p>\n Local criminal defense attorneys\u00a0know how local judges and local prosecutors work, and can use that knowledge to better represent you. While this may sound easy to handle on your own, the reality is that litigation is quite complicated. To make sure you get the best legal scenario possible, call Monder Law Group today at (619)405-0063.<\/p>\n Statutory Rape in San Diego Statutory rape consists of an act of\u00a0sexual intercourse with a person\u00a0under the legal age of 18,\u00a0who is not the spouse of the perpetrator. In San Diego a minor cannot legally consent to have sexual intercourse. This means that statutory rape is a crime regardless of whether or not the sexual […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-374","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\n\n
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Your Best Defense against Statutory Rape Charges in San Diego<\/h2>\n
Contact San Diego Statutory Rape Criminal\u00a0Defense Attorney Vik Monder for a FREE\u00a0consultation today at:\u00a0619-405-0063<\/h4>\n","protected":false},"excerpt":{"rendered":"