In order to convict you of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts. 1. That a male and female engaged in an act of sexual intercourse (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 another or was formerly married does not excuse liability for this offense), and 3. That the alleged victim was under 18 at the time of the offense. The prosecutor may additionally have to prove that at the time of the alleged offense: 1. You and the alleged victim were no more than 3 years apart in age, 2. You and the alleged victim were more than 3 years apart in age, or 3. You were 21 or over and that the alleged victim was under 16. Defenses to Penal Code 261.5 PC Statutory Rape Charge include; You honestly and reasonably believed that the alleged victim was over 18. The types of evidence that can support your claim could include, for example: Statements made by the alleged victim that he/she was over the age of 18, His/her attire and general appearance, and Where you met the alleged victim (at an adult party or venue, for example). Unlike California Penal Code 261 rape, consent is not a defense. The reason that statutory rape is a crime is because minors are legally unable to give consent. This means that even if the alleged victim was a willing participant to the act, that fact will not serve as a legal defense to a California statutory rape charge. This is because the state believes that minors are too young to appreciate legally the consequences of their actions.
Answered on Nov 14th, 2013 at 5:40 AM