Age of consent can be defined as the age that an individual is said to legally give his/her consent to sexual intercourse with someone else. The age of consent in the state of California is said to 18 years and stands the same for both genders. Several laws protect minors who are subjected to crimes committed against them. A good criminal lawyer in California will guide you through the process in detail while dealing with such cases related with sex crimes. Let us have a look at these two penal codes in particular:
California Rape Law – Penal Code 261 PC
When an individual uses force, threat, menace, duress, bodily injury, or falsely frauds someone into non-consensual sex, the act is defined as rape as per the penal code 261 PC. Any criminal attorney will tell you that the individual who is a victim of rape must be alive for the other person to be guilty of this act. The following are certain actions that are considered to be rape:
- Non-consensual sex when the person is incapable of consenting because of a mental disorder.
- Sex was forced upon with violence and duress.
- When an individual is unable to consent because of intoxication.
- The individual in question was unconscious.
The other instances of rape are frightening or threatening someone to have sexual intercourse with them.
Penalties of Penal Code 261 PC
When an individual violates these conditions, it is said to be a felony and he/she will be punished. The individual will either have to serve in prison for 8 years or be on felony probation.
The jail time is subject to increase in the following situations:
- The victim was a minor – he/she was under the age of 18 years. In this case, the punishment can go up to 11 years.
- The victim was a minor – his/her age was under the age of 14 years. In which case, the punishment can extend up to 13 years.
A Look At Statutory Rape – Penal Code 261.5 PC
The Penal Code 261.5 PC defines the act of having unlawful sexual intercourse with a minor is statutory rape. Even if the sex was consensual or initiated by the minor in question, it will be considered as statutory rape. Several instances may seem normal but as a criminal defense attorney will also tell you, an individual can be charged as statutory rape against the older individual:
- If an 18-year-old has sex with his/her 16-year-old friend.
- If two teenagers who are dating, have sex, but one of them is below 18 years of age.
- If an older individual is in a consensual relationship with a minor.
Penalties Of The Rape Law In California – Penal Code 261.5 PC
- The crime can either be charged against an individual as a felony or a misdemeanor. If a defendant is charged with a misdemeanor, he will receive informal probation, a whole year jail county, and up to a $1000 fine.
- Age is a very crucial factor in determining the penalty – If the minor is below the age of 16 and the defendant is above 21 years of age, the penalty will be a lot more severe.
- The defendant can even spend up to 4 years in a Californian prison, along with a $10,000 fine.
The Civil Penalties For Unlawful Intercourse In The State Of California
- A fine of $2,000 is applicable if the victim is less than two years younger than the defendant in question.
- The defendant has to pay a fine of $5,000 if the victim is at least two years younger to him/her.
- There is a $10,000 fine if the victim is at least three years younger than the accused.
- A $25,000 applies to the defendant if the victim was under 16 and the defendant is above 21 years of age.
If You Need Help, Contact The California Lawyer Nearest To You
When a crime like Penal Code 261 or Penal Code 261.5 is committed in California, the individuals who are aware of it must contact a defense lawyer immediately. With the help of a criminal attorney, it is possible to receive justice more swiftly and in due process. If you are interested in reaching out the Law Office of Raoul Severo for representation, you can get a free of charge first consultation by mentioning the super lawyers coupon code - CriminalDefense_07-20
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