Facing accusations of involvement in sexual intercourse with a minor could severely affect your future. If convicted, possible penalties include serving time in prison, among other grave repercussions. You can present defenses to fight the charges, provided they are strong and backed by evidence. You want to partner with an experienced criminal defense attorney who understands the California justice system and criminal trial process.
With a lawyer’s help, you can raise your chances of achieving a favorable case outcome, including acquittal or sentence reduction. At Foos Gavin Law Firm, we ensure our clients facing statutory rape charges in Sacramento, CA, receive sufficient legal support. Our attorneys are actively involved in helping you prepare for trial and representing you in court.
The Nature of Statutory Rape Offenses
The term statutory rape is used to generally define the crime of engaging a minor in sexual intercourse. As discussed below, the offense covers a broad range of circumstances due to the sensitivity of having a young person under eighteen years as the alleged victim. This means that you may be answerable for the crime even in circumstances you reasonably believed not to be in the wrong.
Section 261.5 of the California Penal Code prohibits statutory rape by preventing anyone from involvement in sexual actions with a person below eighteen years. As a result, the broad definition of ‘anyone’ extends to other minors.
Furthermore, statutory rape accusations are considered and processed to the trial stage even where the accused justifies consent from the minor. Hence, if you are arrested and charged with the crime, you want to ensure that your attorney understands all essential elements of your account of events. Doing so will be instrumental in developing convincing defenses that could make a significant difference in your case.
Elements of Statutory Rape Offense
Understanding the elements of a statutory rape offense is essential, as these elements form the basis for the prosecutor’s ability to develop a solid case. This is because the criminal legal process imposed the burden of proof on the prosecution team. Thus, they should ensure that their presentation of evidence is in line with the required standard of proof; beyond a reasonable doubt.
It is also noteworthy that the prosecutor must prove all elements of the crime for the judge or jury to hold you guilty or not guilty. Based on this, you have an excellent opportunity to identify the prosecutor’s weaknesses in the argument and cast reasonable doubt on the case. Subsequently, you may be successful in avoiding a legal sentence.
The following are the elements of the crime that the prosecutor should prove in a statutory rape case:
You Had Sexual Intercourse With Someone
Firstly, the prosecutor must show that you participated in sexual intercourse, as it forms one of the main elements of the crime for any criminal case, often termed actus reus. The term is defined as the alleged criminal activity that triggered arrests and investigations against you. In this case, having sexual intercourse is the main factor under investigation, as it proves the difference between being answerable for the crime or not.
Sexual intercourse involves the penetration of an alleged offender’s reproductive organ into the minor’s organs if the offender is male. If the accused person is of the female gender, the prosecutor should show that there was penetration from the minor, resulting in the act.
In some instances, penetration into the anus is also considered, especially when dealing with same-sex intercourse. Thus, the prosecutor holds discretion in determining the best approach to prove that penetration comprises sexual intercourse.
You should also remember that the court will consider any measure of sexual penetration, regardless of how brief it was. Further, the accused does not need to have ejaculated during the alleged act for the court to consider the sexual offense.
Proving that penetration occurred requires the prosecutor to rely primarily on witness statements from the minor or any other person within the vicinity. Due to this, the strength of the prosecutor’s evidence may be put to the test by your attorneys, as the witnesses are subject to cross-examination.
Nevertheless, if the alleged sexual encounter was recent or reported soon after, medical professionals may also provide their statements. These may include medical reports that indicate that penetration occurred, suggesting that sexual intercourse happened. If so, you may find it more challenging to refute or cast reasonable doubt. Nonetheless, your attorney can still study the case pattern and identify possible areas to focus on when preparing defenses.
Video or audio sources are also common evidence to prove that sexual intercourse occurred. The prosecutor will have to reveal these sources before the trial begins, during the discovery stage. Thanks to this, you will have time to study the sources and determine whether your attorney can raise a proper defense.
You Were Unmarried to the Person You Had Sexual Intercourse With
Secondly, the prosecutor should prove that you and the person you had sex with were unmarried when the act occurred. This means that even if you later got married to each other, you will be accountable for your actions before the marriage.
The strictness in holding accused persons accountable stems from the need to protect minors, as offenders commonly rely on marriage to justify their actions. Therefore, you should note that the absence of any documents or witnesses to prove that you were married to the alleged victim may be a weakness in your case.
On the other hand, the prosecutor will build on the lack of a marriage certificate or any other sources of proof to further show that you acted wrongfully. Despite this, they should also produce their evidential sources that indicate the truth in their statements and not merely rely on the absence of proof of marriage.
Although the main element of crime requires evidence that you were unmarried to the minor when you had sexual intercourse with them, the court will also hold you accountable even if you were married. This is because a marriage agreement with a minor is often null and void, meaning that any alleged marriage does not create justification for involvement in sexual intercourse. Therefore, your attorney should consider additional factors that may help raise a defense without relying on the explanation that the marriage was legitimate.
Finally, the prosecutor does not need to prove the element of force during sexual intercourse between unmarried persons. This means that even where an accused person justifies their sexual acts because the minor consented while in a marriage, they are answerable for the crime.
You are still answerable because a minor cannot legally consent to sex before turning eighteen. Therefore, any counterclaims will be put under strict scrutiny before the court accepts them as a valid defense.
The Person You Had Sexual Intercourse With was a Minor at the Time
Finally, the prosecutor also needs to show that the person you had sex with was under eighteen years, making it justifiable to accuse you of statutory rape. Proving the alleged minor’s age is also crucial, as it forms an additional basis for the allegations you face. Therefore, you can expect the prosecutor to prepare various evidential sources to help present this element sufficiently.
Typically, proving the alleged minor’s age will require the prosecution team to access the person’s birth and registration documents. These details will present a straightforward process in showing that the minor’s age was below eighteen when you had sexual intercourse with them. Your attorney can help by ensuring that the documents presented by the prosecutor are verified as originals to prevent any instance of fraud or false accusations.
On top of this, the general rule in determining peoples’ age is applicable during the trial, as practiced in California. The court will consider the minor having turned a year older one minute after their birthday. For example, if the person was born on March 6th, they will be considered a year older at 12.01 am on March 6th.
This specific detail is important because it prevents doubts and ensures that age calculations are standard. You can also benefit from the age calculation system by justifying that the minor had just turned eighteen if the act occurred minutes into their birthday. However, most cases involve case facts where the minor’s age is indisputable.
Additionally, age becomes an important factor when a minor is accused of having sexual intercourse with another minor. This is based on the previously mentioned details regarding the nature of the offense, which includes other persons below eighteen. Since the two persons having sexual intercourse are below the age of majority under the law, they are also rightfully answerable for the offense.
For example, a young high school couple that engages in sexual intercourse during their relationship can trigger the parents of either child to institute legal proceedings through the prosecutor. However, these cases are not common, especially with no reported distress. Nonetheless, it is essential to acknowledge the possibility of prosecution.
Notably, age considerations will influence case sentencing where the accused is found guilty. This is especially true where the age gap between you and the alleged minor is large. Due to this, you want to work closely with your attorney to try and establish the best argument points to use when raising a defense.
Defenses Applicable to Statutory Rape Accusations
As mentioned, statutory rape accusations can create serious adverse outcomes for your life, including losing freedom and paying hefty fines. Based on this, you should collaborate with your criminal defense attorney to help prepare strong defenses that justify your position.
When working on the defenses, your lawyer may require you to provide small details that may appear inconsequential to the grand scheme of things. Despite this, you should do your best to give the information as it often paves the way to spotting weaknesses in the prosecutor’s case.
You should also note that not all defenses will apply to your case because of varying case facts. Focusing on one or two main defenses is often more beneficial than choosing multiple, as you will have the chance to develop your arguments and source the most relevant evidence.
Nevertheless, if you strongly believe that multiple defenses apply to your case, you can consult your criminal defense attorney for a green light in their application. You will also want to speak to potential witnesses and determine the strength of their evidence compared to how you would want your defenses to work. Since the preparation process requires intense preparations, your criminal defense attorney will remain in contact.
Some defenses to rely on include:
You Reasonably Believed that the Victim was Above Eighteen Years
One of the most common defenses applicable to statutory rape accusations is that you were unaware that the person in question was a minor. These defenses can prove invaluable if argued and supported sufficiently, as they can reduce or altogether remove your criminal liability. Therefore, you want to learn the best approaches to take and appropriate evidence to provide as you present the defense.
Usually, the minor you were involved with may tell you directly that they are above eighteen years before you had the sexual encounter with them. This will mean that they made a false representation, making you act out of a genuine lack of knowledge. If this is the case, you want to provide sufficient evidence to show that the minor lied to you, which can be done in several ways.
For example, if you met in a social setting where they revealed their false age, you can call on several witnesses who were present to justify your lack of correct information. Thus, the witnesses will indicate that the minor presented themselves and claimed to be legal adults, prompting you to engage in sexual acts with them.
Moreover, if the alleged minor had a fake ID card that showed they were above eighteen years, you may also use it to justify their false statements, which misled you. Your criminal defense attorney can organize for the lawful obtaining of the false identification documents that the minor used to trick you into believing that they were older.
If the information you present is marked as admissible in court, it will prove pivotal to your case and increase your chances of a successful case outcome. Therefore, you may receive an acquittal at the judge’s discretion or face a significant sentence reduction.
On top of this, you may present this defense based on the minor’s demeanor and physical appearance that made you reasonably believe they were adults. For example, if they presented themselves in an adult scene like a nightclub, you may have had very few reasons to doubt their age. Moreover, if they were dressed in a revealing manner and engaged in acts like drinking, you may also have justified cause to believe that the person was an adult.
However, while this line of argument is acceptable in daily interactions, it may be flawed in court. This is because the law applies strictly, meaning that any outward perceptions you had about the alleged minor should have been verified. Therefore, it will be immaterial that you reasonably viewed them as adults, as the prosecutor will ask you whether you took any steps towards satisfying this assumption.
Thus, you should ensure that you raise this defense based on reasonable and justified grounds and not based on hearsay and personal opinion. Upon reviewing your case facts, your criminal defense attorney will help you determine whether following through with the argument is useful for your case.
You Are a Victim of Mistaken Identity
Although statutory rape cases are majorly based on identifying the offender, instances of mistaken identity are not uncommon. This is often where the alleged minor is unsure of the person they had sexual intercourse with, and an arrest was made based on unfounded reasons.
Furthermore, you may know the person involved in the offense, making it easier to justify the defense in your case. Thus, you can work with your attorney to track and request the rightful offender to present themselves in court, as it may help you avoid facing the criminal charges yourself.
Despite this, you should note that tracking down the person and presenting them before the judge or jury is often tasking, as they are unwilling to face the legal repercussions. Hence, you may partner with law enforcement officers, mainly if you are sure of your claims.
When this defense is applied in genuine situations, it is useful in helping you avoid prosecution and conviction altogether. You will have proved your non-participation in the alleged offense, meaning that you are not answerable for the crime. However, showing that you are involved in a mistaken identity matter is not always smooth, so you will need to work with an experienced criminal defense attorney for support.
You Face Wrongful Accusations
Also, facing false accusations is common in criminal cases, including statutory rape matters. There are multiple reasons for false accusations, including malice and the need for revenge from the alleged victim. Sometimes, corruption and collusion among law enforcement officers can result in false accusations.
Upon identifying the reasons applicable to your case, you will need to work with your criminal defense lawyer to prove them in court as a defense. For example, if you have valid reasons to believe that the complainant acted out of malice, you can provide the necessary details to help present your position.
For example, if you rejected the complainant’s sexual advances on you, they may have resolved to make you seem like a perpetrator. Hence, any evidential sources that prove their malice are essential to your case. For example, if they sent you threatening texts, emails, or voice messages, you can request the court review them and link them to the complainant’s malice in making false accusations.
Even where you intend on presenting a case against law enforcement officers for misconduct, the strength of your evidence will make a significant difference in your case. Due to this, you want to take your time and gather compelling sources of proof to help you justify your case.
Penalties for Committing Statutory Rape
Although you may present defenses that provide a strong case for you, the prosecutor may successfully meet all the requirements necessary for proving their case. This means that they have demonstrated all elements of the crime satisfactorily, compelling the judge or jury to side with them. Consequently, you will have lost the case and will be subject to facing penalties.
Statutory rape is classified as a wobbler offense, meaning that offenders may face felony or misdemeanor penalties. The type of charges and penalties you face depends on several important factors to note as an accused person. This is primarily because these factors may influence you to face felony charges, resulting in severe felony penalties. Some considerations made by the judge include:
- The age gap between you and the minor was three years or below. If so, you will be subjected to misdemeanor charges.
- Whether the minor was below sixteen years and you were two years older than them. If so, you are subject to felony or misdemeanor charges at the prosecutor’s discretion.
- Whether your age gap with the minor was above three years, in this case, you are more likely to face felony charges, but misdemeanor charges are also applicable.
Misdemeanor Penalties
If you were charged with misdemeanor charges, you might face any or all of the following:
- A jail sentence of up to one year.
- A maximum fine of $1000.
Felony Penalties
If you were charged with felony charges, you might face:
- A fine of up to $10,000.
- Sixteen months, two or three years in prison, or two, three, or four years of imprisonment where the victim was below sixteen years.
Contact a Criminal Defense Attorney Near Me
Preparing solid defenses can be pivotal in a statutory rape case, as you may significantly increase your chances of a favorable case outcome. Therefore, you want to work with an experienced and skilled criminal defense attorney ready to represent you in court and help you gather evidence.
At Foos Gavin Law Firm, you will receive top-tier criminal defense services to fight your charges. Our experience working with clients facing statutory rape charges in Sacramento, California, makes us the go-to legal firm. For more information on fighting statutory rape accusations, call us today at 916-779-3500.
