San Diego Statutory Rape Defense Attorney
When things get serious.
Statutory rape is known by several terms: sexual assault, rape of a child, corruption of a minor, carnal knowledge of a minor, or unlawful carnal knowledge. Statutory rape is different from forcible rape because there’s a chance there was no overt force or threat involved. The law assumes that a child under the age of 18 or a mentally challenged adult is legally incapable of giving consent to the sexual act.
Statutory rape defined.
Statutory rape is defined as sex between an older person and someone below the legal age of 18 years (but above 14 years). Even if the underage individual consents, the charge of statutory rape can still be applied. Sexual relations with a younger child is referred to as child molestation and is typically treated as a more serious crime.
The specifics of the charges.
It’s the state’s job to prosecute cases but it’s often the parents of the victim who initially contact law enforcement officials. The following details can affect the severity of the charges:
- Age of victim
- Age of older party
- Difference in age between the two
- If both parties are under 18 years of age
When both parties are under 18.
The age of the involved parties determines the severity of the charges. Both male and females can be equally prosecuted. In California, there is no exemption when both parties are under 18. As a result, one of the parties (and it’s often the male) can still be prosecuted for having consensual sex with another minor.
What’s at stake.
Being convicted of having sex with a minor may include the following sentences. Again, details depend on the ages of those involved:
- Prison
- Probation/parole
- Loss of certain rights
- Fines
- Sex offender registration
What an experienced San Diego statutory rape attorney can do for you.
It’s a scary experience to be charged with statutory rape. But just because you’re charged doesn’t mean you’re guilty. Sometimes victims say they were raped when they’re jealous, angry, or vengeful—and the result is a high number of wrongly accused people. The Law Offices of Elliott N. Kanter will work with you to protect your good name. We’ll try to get the charges dropped or reduced. But the smartest thing you can do is not delay in contacting an experienced attorney. So call the Law Offices of Elliott N. Kanter at 619-330-5881 for a no-cost, no-obligation consultation today.