I am assuming from your question that the charges may be statutory rape. In California, statutory rape is codified in California Penal Code Section 261.5. This reads as follows: 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator, is guilty of a misdemeanor. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. In order to convict you of statutory rape under California Penal Code 261.5, the prosecutor must prove that a male and female engaged in an act of sexual, that the persons involved in the act were not married to each other at the time, and that the alleged victim was under 18 at the time of the offense. If you can prove that you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, you cannot be convicted under California statutory rape law. 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).
Answered on Nov 08th, 2012 at 6:25 PM