Statutory Rape Laws The Age Of Consent

Topics: Statutory rape, Criminal law, Rape Pages: 10 (764 words) Published: April 13, 2015
THE LAW ON
STATUTORY RAPE
&
AGE OF CONSENT
IN CALIFORNIA
MCKINLEY TURNER                            PROFESSOR TRUCCHI

 

THE ELEMENTS OF THE CRIME
OF STATUTORY RAPE:
1-That defendant had sexual intercourse with another person (any amount of penetration, regardless of how slight, constitutes sexual intercourse…even if there is no ejaculation).
2-That the persons involved in the act were not married to each other at the time (the fact that the minor is married to someone else or used to be married does not excuse liability for this offense). 3-That the alleged victim was under eighteen (18) years old at the time of the offense.

Statutory rape laws:
• These crimes are based on the premise that until
a person reaches a certain age, he or she is
legally incapable of consenting to sexual
intercourse.
• Statutory rape occurs when a person over the age
of consent engages in sexual intercourse with
someone under the statutory age of consent.
• Statutory rape is a strict liability crime-which
means that the consent of the younger person or
mistake about their age is not a defense.

THE AGE OF CONSENT IN
CALIFORNIA:
• 18 years of age.
ALSO
• The offense of statutory rape is a wobbler-depending
on the circumstances, it may e charged as either a
misdemeanor or a felony. California has a tiered
system where the greater the difference in age, the
greater the penalty.

UNDER STATUTORY RAPE:
• Statutory Rape of a minor, is not the same as
unlawful conduct that describes rape between
adults.
• Can be prosecuted even if there were no threats
nor violence and the minor consented to having
sexual intercourse with the other party.

CALIFORNIA SECTION 261.5 (b)-(d)
STATES:
• Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor. • Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 who is more than three years younger than the actor is guilty of either a misdemeanor or a felony. • Any person 21 years of age or older who engages in act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony.

CALIFORNIA SECTION 261.5 (b)-(d)
STATES: The Penalties
• Up to one year in county jail or by imprisonment in the
state prison for two, three, or four years. (pursuant to
subdivision h of section 1170)
• California state laws set fines to be paid as civil
penalties when an adult engages in sexual intercourse
with a minor. Fines can range from $2000 up to
$25,000.
(California statutory rape is not one of the crimes
requiring one to register as a Sex Offender- California
Penal Code 290)

MY NOTES TO FOLLOW ALONG WITH MY PRESENTATION:
1.
I googled “the law on statutory rape in California”, which took me to the website: http://www.shouse law.com/statutory_rape.html
States under California Penal Code 261.5 PC.- a “statutory rape” takes place when any person engages in sexual intercourse with a person under the age of eighteen (18). Statutory rape is a crime regardless of whether the sex was consensual…or even initiated by the minor (supposed “victim” of the crime).

In order to convict of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as elements of crime). There is no requirement for the prosecutor to prove that force was used to accomplish the sexual intercourse…or that the alleged victim did not consent to the intercourse. This is striking contrast to ordinary rape under California law –where the victims lack of consent to. (Penal Code 261.5)

2. Next I went to the website-http://www.cga.ct.gov/2003/oirdata/jud/rpt/2003-r-0376.html

• 2. Which pulled up a 2003 ORL Research Report by the
Connecticut General Assembly listing Statutory Rape Laws by
State. I wanted to make sure that I found...
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