California law for minors dating
If underage dating involves sexual intercourse, state statutory rape laws apply.If you are charged with having sex with a person who is younger than the statutory age of consent and are found guilty, you face jail.These facts include It is important to note that there is no requirement for the prosecutor to prove that force was used to accomplish the sexual intercourse..that the alleged victim did not consent to the intercourse.: Sarah is a 20-year-old community college student.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.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.Two of the most helpful legal defenses are: If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.In order to convict you of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as "elements of the crime").
Here are some examples of scenarios that can lead to charges under California's statutory rape statute: To make matters worse, statutory rape -- like other sex crimes that people allege out of jealousy, anger, revenge, or misunderstanding -- is frequently charged against innocent people.
Statutory rape is sexual intercourse with a person who is younger than the statutory age of consent, as determined by state law.
This applies even if the parties are in a long-term romantic relationship or the sex is consensual.
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.
Just after midnight---after the date has changed to February 2-they have sexual intercourse for the first time.
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The crime of statutory rape is also commonly referred to as "unlawful sex with a minor" or as "unlawful sexual intercourse." Statutory rape is a crime regardless of whether the sex was consensual or even initiated by the minor (the supposed "victim" of the crime).