Exceptions to Sex with an Underage Person (Statutory Rape) in California

According to statistics from the FBI Uniform Crime Reporting (UCR) program, there were about 2,155 total arrests for rape in California in 2019. Under California laws, it is illegal for a person who is 18 years or older to have sex with someone below 18 years, even if the sex is consensual. However, statutory rape laws are based on the assumption that a minor cannot consent to sexual activities. Hence, for some defendants, their actions may fall under an exception due to close-in-age, marital status, or perception of age.

If you have been accused of statutory rape and you want to understand the exceptions to sex with an underage person, retaining an aggressive California sex crimes defense attorney is crucial to help build your defense strategy. I’m committed to providing experienced legal guidance and comprehensive representation to individuals facing statutory rape charges. As your legal counsel, I can review and investigate all of the facts of your case, enlighten you about the exceptions to sex with a minor, and craft a strong defense strategy to pursue the best possible outcome for your unique situation. My firm is proud to serve clients in Los Angeles, Santa Barbara, Orange, San Diego, and Ventura, California.

Statutory Rape

Statutory rape is a sex-related offense that involves having sexual intercourse with someone who is underage (a minor), regardless of consent. Under California Penal Code 261.5 PC, it is a crime for anyone to engage in an act of sexual intercourse with a minor under the age of 18 who is not the spouse of the perpetrator, even if the minor willingly participated or consented to the sexual activity.

In California, the age of consent is 18 years. Legally speaking, minors – persons under 18 years – are incapable of giving informed consent to sexual activities. It doesn’t matter whether the alleged victim willingly agreed to participate or initiated the sexual activity. If you are an adult – a person who is at least 18 years of age – and you have sex with a minor, you may be facing allegations of statutory rape or unlawful sexual intercourse with a minor.

Exceptions to Sex with Underage Person in California

There are some exceptions, however, to sex with an underage person in California. These include:

Marital Exception – A spouse having sex with their married minor spouse.

Reasonable Mistake Of Age – Reasonable mistake of age with a person who is 16 or 17 years old. The mistaken belief has to be that the alleged victim was 18 or older.

These exceptions are designed to protect young people from facing criminal charges for having romantic relationships. An experienced attorney can evaluate every last detail of your unique situation and determine your best defense strategy.

California Does Not Have a Romeo and Juliet Law

Many states across the United States have adopted “Romeo and Juliet” laws to serve as close-in-age exemptions. These laws prevent romantic relationships between individuals who are close in age, generally four years or less, from being considered statutory rape, provided that they can legally have consensual sex.

However, unlike some other states, California does not have a Romeo and Juliet law. Anyone, including another minor, can be prosecuted for engaging in sexual activity with a minor. An aggressive sex crimes defense lawyer can review the surrounding facts of your case and outline an effective defense.

Rely on the Experience of the Alec Rose Law Office

Trying to defend your statutory rape charges without experienced guidance could easily expose you to the risks of getting convicted and receiving the maximum penalties. If convicted, you could be facing a lengthy prison sentence, hefty fines, registration as a sex offender, and other devastating social consequences. When facing statutory rape allegations, you need to immediately retain a highly-skilled criminal defense attorney to strategize your defense.

At the Alec Rose Law Office, I represent and defend clients wrongfully accused of statutory rape. As your legal counsel, I can investigate every aspect of your particular situation, help you understand the exceptions to California’s statutory rape laws, and explore your possible legal defenses. You deserve to navigate the California criminal justice system with confidence.

Reach out to my firm – Law Office of Alec Rose PC – to schedule a simple case evaluation with a sex crimes defense attorney. I can offer you the experienced guidance, strong advocacy, and reliable representation you need to fight your statutory rape charges. My firm is proud to serve clients in Los Angeles, Santa Barbara, Orange County, San Diego, Ventura, and the rest of California.