QUESTION
What is the penalty of statutory rape?
Asked on Nov 09th, 2011 on Criminal Law - California
More details to this question:
I am being charged with 10 counts of statutory rape by a girl as well as giving alcohol to minors. She was willing to have sex with me. The detective said I should get a lawyer and to contact her. I don’t have money to settle nor get a private lawyer. How much time do I have to spend in jail if I get a conviction?
18 ANSWERS
Assault Attorney serving Richardson, TX
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You have more problems than time in jail. As a sex offender you will have a lifetime of misery having to report your status everywhere you go and having living restrictions and no contact with children,etc. Hire a lawyer and fight. Sell the car if necessary and call friends and relatives for help. This is serious.
Answered on Nov 28th, 2011 at 12:32 PM
Samuel H. Harrison
You can get up to 20 years PER COUNT for statutory rape; that could add up to the rest of your life in prison. You could also wind up on a sex offender registry for the rest of your life. If you absolutely can't hire a lawyer, contact the public defender's office immediately!!!!
Answered on Nov 23rd, 2011 at 3:44 PM
The crime of "statutory rape" is generally charged as a CSC 3. This is a 15 year felony. However, under certain circumstances it could be a CSC 1 which has a maximum penalty of life in prison.
Answered on Nov 21st, 2011 at 5:19 PM
3 Awards
They can stack each charge against you, so max is 10 years per charge = 100 years. You need to hire an attorney asap or ask for the Court to pay for one for you, if you qualify. What's your life worth to you? These are VERY serious charges and consequences.
Answered on Nov 21st, 2011 at 4:58 PM
When you say statutory rape, I assume that the girl was under age. There are special circumstances that can enhance the sentence, but if you are charged with first degree rape, the sentence is five years to life in Utah. Do not mess around, get as good of an attorney as you can. If you really can't ask the court to appoint an attorney and really work with that person to make sure that you get the best outcome possible.
Answered on Nov 21st, 2011 at 3:08 PM
Your sentence will obviously depend on the facts of the case. However, second degree rape carries 20 years in prison. If you are convicted of 10 counts you could spend the rest of your life in prison. Go get a lawyer. If you cannot afford to hire a lawyer, that is what the public defender is for. Do not contact the girl under any circumstances.
Answered on Nov 21st, 2011 at 2:39 PM
Statutory rape is defined as act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor . A m inor is a person under the age of 18 years and an adult is a person who is at least 18 years of age. Sexual intercourse with a minor, who is not more than three years older or three years younger than the perpetrator, is misdemeanor subject to imprisonment in the county jail not exceeding one year. Sexual intercourse with a minor who is more than three years younger than the will be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in state prison for two, three, or four years. In addition if found guilty the person is required to register as a sex offender for life.
Answered on Nov 21st, 2011 at 1:58 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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You can't afford not to have a lawyer. Statutory rape exposes you to 10-20 years on each count. A conviction means life time registration as a sex offender. You should not talk about anything with detective. Do not talk! If you have no funds get a public defender. If you can borrow money from family do it. It doesn't get more serious than a felonious sexual assault. Consent is not a defense.
Answered on Nov 21st, 2011 at 1:51 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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That is a very serious charge. It's possible that you could spend a substantial amount of time in prison. In addition, a conviction for this would require you to register as a sex offender for the rest of your life.
Answered on Nov 21st, 2011 at 1:22 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You may not actually have to do time. But, you will probably have to register as a sex offender and that will haunt you.
Answered on Nov 21st, 2011 at 1:08 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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If convicted you will spend up to 4 years per count in prison. Statutory rape has nothing to do with consent. Now is probably not the time to save your money.
Answered on Nov 19th, 2011 at 1:28 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You definitely need to get a lawyer one way or the other. If you can't afford one, the court will appoint you one. If you are charged with 10 counts of rape or criminal sexual conduct, you are facing very serious prison time. If the girl was below the age of consent (16 in Michigan) it does not matter if she was willing or even if she lied to you about her age. That is no legal defense. Consult with a lawyer before agreeing to speak to the police or anyone else. I would advise against contacting any potential victim.
Answered on Nov 19th, 2011 at 12:51 AM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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If someone is underage, they cannot consent to sexual activity. If you cannot hire an attorney you can request the services of a public defender but not until after your arrest.
Answered on Nov 19th, 2011 at 12:51 AM
Geoffrey MacLaren Yaryan
If you are not 10 years older than her it be charged as a misdemeanor or felony. How much time you get, if any, depends upon the judge.
Answered on Nov 19th, 2011 at 12:48 AM
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Do not talk to anyone (including her) until you have talked to a lawyer. You are facing 15 years on each count depending on the age of the girl and your age. You would spend a good portion of your life in prison. You would be sex offender when you get out. You need to retain counsel. At the very least you need to speak to an attorney. You need to do that today.
Answered on Nov 19th, 2011 at 12:37 AM
Daniel Kieth Martin
Get a lawyer, sell everything you have, call your relatives, do everything you can do to get a private lawyer. If you are more than three years older than the girl the max punishment for the first charge is four years in prison then one year for each additional count for a total of 13 years in prison. Then when you get out of prison you will have to register as a sex offender. Your picture would go on the internet and you will have to update your address every time you move and on your birthday. Failure to do that can result in three years in prison for each offense. Do not speak with the detective without a lawyer present. The fact that she was willing has absolutely no affect on the consequences above. Actually, just by saying that she was willing would be an admission and there would be no reason for the prosecutor to give you a break.
Answered on Nov 19th, 2011 at 12:04 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You should not be talking to police. By law, she cannot consent if she is under 17. The penalty depends on the number of times (because there is a charge of continuous sex abuse) and the age of the person. It is not a defense that you thought she was of age or that she lied about her age either. You could get up to life in prison & have to register as a sex offender for life.
Answered on Nov 19th, 2011 at 12:03 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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It will depend on how it's filed by the prosecution. If the age difference between you is 3 years or less, it's a misdemeanor. Over 3 years and it can be a felony. What you actually get depends on what they can prove, your prior record (if any) and what the facts are. You're going to need a lawyer, no matter what. Either you arrange to get the money together to hire one (and you'll never know what the fees are and what you can set up for payments until you meet with them and ask) or show up to court and apply for a the judge to appoint a public defender.
Answered on Nov 18th, 2011 at 11:40 PM