What Happens When Two Minors Have a Baby
Nov 17, 2016
The criminal justice system functions all-time when people sympathise what is and what is non a crime. Unfortunately, laws are not always and then articulate. The perfect example of this is the crime of statutory rape.
Statutory rape occurs when a pocket-sized engages in sexual intercourse. Minors cannot legally consent to sexual activity, so it is considered statutory rape when they engage in this activeness. So, should a pocket-sized be prosecuted for a crime when he or she has sex activity with another minor? What if a minor has sexual activity with his or her significant other who is 18?
The Problem of Consent
One of the confusing aspects of this criminal offence is the fact that it is considered rape. Many people associate "rape" with non-consensual sexual practice, just the victim is typically a willing participant in sexual intercourse in a statutory rape case.
The reason statutory rape is a crime is because California law does non give minors the legal authority to consent to sex. Lawmakers consider minors to be unable to empathise the importance of the determination to accept sex, and then the police force takes the decision out of their hands until they plough xviii years of age.
Statutory Rape (California Penal Code Section 261.five)
Under California Penal Code Section 261.5, information technology is a crime for any person to have sexual intercourse with whatever other person who is both under the age of xviii and who is not the spouse of the person accused of the crime.
Notice the police says that it is illegal for any person to do this. This includes cases where the persons involved in the sexual intercourse are both under the age of 18 and cases involving one small-scale and ane adult.
Still, when both parties are nether the age of eighteen, it is uncommon for either of them to confront statutory rape charges. The reason is that it is difficult to determine which of the two willing parties is to be considered the victim and which is the perpetrator. In reality, the law says that they are both criminals and victims, so prosecutors will likely decline to accuse either person with the crime. Instead, the ii minors may be asked to visit their local probation department to discuss the dangers of sex before adulthood.
However, if you are 18 and you have sex activity with your girlfriend or swain who is younger than you, you lot are likely to be charged with statutory rape.
Penalties for Statutory Rape (PC 261.5)
This offense is a wobbler law-breaking, meaning yous could exist charged with a misdemeanor or a felony depending on the facts of the instance. The penalties for statutory rape vary depending upon the age difference between you and the declared victim. For example, if you are charged with misdemeanor statutory rape, you face up to 364 days in county jail and a fine of up to $1,000. An xviii-yr-quondam who has sex with his or her 17-year-old fellow or girlfriend will likely face misdemeanor charges.
If yous are non over the age of 21 and the declared victim is 16 or older, you could exist charged with a felony. The penalties for this criminal offense include up to three years in county jail and fines of up to $10,000.
If you lot are 21 or older and the alleged victim was nether the historic period of 16, you could be sentenced to up to 4 years in state prison and a fine of upwardly to $ten,000.
In add-on to the to a higher place, statutory rape convictions acquit civil penalties. If you are convicted of statutory rape and you are age 18 or older, y'all could be forced to pay betwixt $2,000 and $25,000 in civil penalties.
Volition I Have to Annals As a Sex Offender for Statutory Rape?
Unlike other sexual offenses, a statutory rape confidence does not automatically require you to register every bit a sex activity offender. However, depending on the circumstances of your case, the approximate has the power to impose this requirement on you nether California Penal Code Department 290.006.
In order to impose this boosted penalty on you, the court must observe at the time of conviction or sentencing that you committed the offense as a result of sexual compulsion or for purposes of sexual gratification. If the judge decides your case meets this criteria, you could be required to register equally a sex offender for life.
Contact the Sexual practice Crimes Defence Attorneys at Wallin & Klarich Today
Facing a charge of statutory rape is a serious matter and you lot will need the help of an experienced sex crimes defense chaser to assist you obtain a favorable consequence in your case. At Wallin & Klarich, our skilled criminal defense attorneys have been successfully defending clients facing rape charges for more 35 years. Allow our knowledgeable attorneys help you now.
With offices in Orangish County, Los Angeles, San Diego, San Bernardino, Riverside, Due west Covina, Victorville and Torrance, there is an experienced Wallin & Klarich sex activity crimes defense attorney bachelor to assist you no matter where y'all are located.
Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be in that location when you call.
Source: https://www.wksexcrimes.com/statutory-rape-two-minors-sex-pc-261-5/
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