Los Angeles Criminal Law Blog
     


Statutory Rape in Los Angeles

Posted on: March 19, 2009 at 12:16 p.m.

Los Angeles rape charges are serious, most people know that. Los Angeles statutory rape charges are also serious, and any Los Angeles rape defense attorney will tell you that there are serious consequences that go along with statutory rape.


Everybody knows that the difference between a rape charge or allegation and normal life is consent. There are, however, some instances where readily given consent does not legally apply to a sexual situation. Statutory rape is one such instance. In Los Angeles, the legal age of adulthood is generally 18, and anyone under the age of 18 is considered a minor. In most states, including California, this is also the legal age at which someone can consent to a sexual act with another person over the age of 18.


If one of the people involved in a particular sex act is over the age of 18 and one is not, this generally constitutes statutory rape and can incur a criminal charge. Even within this situation, however, there is a three year "window." Most Los Angeles statutory rape defense attorneys will tell you that in order to avoid a statutory rape charge in a situation involving a minor, both participants must be no more than three years. For example, if one of the participants is 17 and one is 21, then there are grounds for a statutory rape charge, unlike a situation where one participant is 19 and one is 16. Even a situation involving a 15 year old and an 18 year old would technically be allowable by legal standards. Charges for statutory rape in Los Angeles can be brought up both by the victims parents and the state, even if the victim insists that the act was consensual. The laws in this case do not view the victim as old enough to have given consent to a sex act without qualification and attempt to keep minors from being taken advantage of sexually by an adult, or even an older minor. Some statistics estimate that of the average age difference between a teen victim of statutory rape and an adult defendant is seven years and nine months.


Sex crimes are rigorously prosecuted and punished in California and statutory rape is no exception. The majority of sex offenses are classified as felonies and can incur punishments such as several years in a state or county jail, community service, heavy monetary fines, probation or parole and lifetime registration with Californias sex offender registry. If you have been accused of statutory rape, call the attorneys at Kestenbaum, Eisner & Gorin, LLP right away to begin preparing your case.



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