In the state of California, it is against the law for minors to have sex with each other or for anyone to have sex with a minor. This law is true even though nearly 50 percent of high school students have reported that they have already had sexual intercourse.
The laws that make it illegal for minors to consent to sexual intercourse are called statutory rape laws. Under these laws no minor can consent to sexual intercourse and the act itself is considered rape even if the minors are in love and enter freely into the sexual relationship. The penalty for breaking this law varies based on the age of the victim and the person who committed the crime.
Along with statutory rape, which can be consensual but still against the law, there is forcible rape. Forcible rape involves the use of force, fear, coercion or trickery to acquire sex. In most cases, forcible rape is a crime of violence. If a young person has been raped, it should be reported to the police immediately and the victim should seek medical and psychological assistance.
When you are first accused of statutory rape or any criminal offense you should immediately seek the advise of a criminal defense law firm. You should never speak to the police without first having spoken to legal counsel. What you may say to law enforcement will normally make things go much worse for your case than if you have a lawyer on your side do the talking.
If you need to know more about the statutory rape or if you have a question about how we might be able to help you with your case, please call Wallin & Klarich at 888-280-6839. We can make the difference between jail and freedom.