Sacramento Statutory Rape Attorney
If you’re facing statutory rape charges, it’s pertinent to act quickly to build your defense and give yourself a chance at a fair outcome in court. Fortunately, you don’t have to do it on your own. Our Sacramento statutory rape lawyers at Tully & Weiss have a couple decades of experience defending Californians in a variety of types of criminal cases.
Defining Statutory Rape in California
While rape pertains to nonconsensual sexual intercourse, statutory rape applies to unlawful sexual intercourse with a minor, a person under the age of 18. In California, you can be charged with statutory rape even if the sex is consensual or if you are close in age. It can also pertain to sex between two minors.
There were a total of 13,723 rape crimes reported in California in 2023. This is down slightly from the 14,346 incidents reported in 2022 and 14,435 in 2021. Recent studies revealed that 28 percent of young people in the United States were sexually victimized between the ages of 14 and 17. Young people tend to be more susceptible to sex crimes because they are less knowledgeable and ultimately more vulnerable.
With people under the age of 18 making up approximately 21.6 percent of Sacramento’s population, it’s pertinent to have clear laws in place that protect them. That said, laws can be imperfect. If you find yourself facing charges, it’s wise to seek legal counsel right away.
At the very least, your attorney can ensure you’re being treated fairly throughout the case. Moreover, they can evaluate your case, investigate the prosecution, and work to build a strong defense that secures you the fairest verdict.
The Sacramento County District Attorney’s Office handles statutory rape cases involving victims who are 14 or older. With over two decades of experience under our belt, our team at Tully & Weiss knows how to navigate the legal system for these types of cases in California, including charges related to domestic violence, murder, and other areas of criminal defense. We can help you build your defense and walk you through each step of the proceedings, so you’re never left in the dark about what’s going on.
We are available 24/7 and can quickly meet you in jail or at your location. Start your defense on the right track from the very first step.
Charges for Statutory Rape in Sacramento
Statutory rape is considered a wobbler crime. This means that it can be charged as a misdemeanor or a felony depending on the nature of the situation. It’s important to understand the ins and outs of California’s statutory rape laws, so you can protect yourself when facing charges. Under California law, unlawful sexual intercourse with a minor can be classified according to the following:
- The victim is three years younger or less. This is a misdemeanor.
- The victim is more than three years younger. This can be either a misdemeanor or a felony.
- The victim is 16 or younger, while the perpetrator is 21 or older. This is usually a felony.
It’s important to meet with a Sacramento statutory rape lawyer as soon as possible to protect your rights and start preparing your defense. A statutory rape conviction can result in both criminal and civil penalties. Punishments can include time in jail or prison and applicable legal fines. Civil penalties can get up to $25,000 depending on the age difference between the two parties and other aggravating factors.
Working With the Right Sacramento Statutory Rape Lawyers
Tully & Weiss has been serving Californians for over 20 years. Our founding attorney, Joseph Tully, is California State Bar-certified, a legal analyst, and the author of California: State of Collusion. He boasts a landmark Stand Your Ground win and many other newsworthy trial victories.
He’s not the only one—our team is made up of an eclectic group of legal professionals who are ready to handle any case that comes their way. Choosing an attorney doesn’t have to be stressful. At Tully & Weiss, we aim to make it easier by discussing as much as possible in our initial consultation to determine if we’re a good fit.
FAQs
Romeo and Juliet laws create exceptions for statutory rape by stating that two young people within a certain age range of one another can have consensual sex. California does not recognize these laws. It is considered statutory rape for an adult to engage in sexual intercourse with a minor even if they are close in age (i.e. an 18-year-old having sex with a 16-year-old). It’s also illegal for two minors to have sex with one another.
Section 261.5 of the California Code covers crimes and punishments against people involved in sexual assault and crimes against public decency and good morals. The law breaks down the rules and penalties for having sexual intercourse with a minor who is not your spouse. Specifically, it outlines the penalties for the crime based on the age gap between the two parties.
In Sacramento, Rape is defined as nonconsensual sexual intercourse by means of force, fraud, or threats. Statutory rape specifically pertains to unlawful sex with a minor. It’s important to note that this doesn’t necessarily mean the sexual contact has to be unwanted. Even consensual sex with a minor can be charged as statutory rape in California.
If you’re facing statutory rape charges in Sacramento, you are welcome to represent yourself. That said, it’s recommended you work with a Sacramento statutory rape lawyer. In addition to offering guidance, your attorney can launch their own investigations, negotiate deals, and represent you in court. Moreover, they can gather key pieces of evidence and use their knowledge and resources to build you a strong defense.
Reach Out to a Sacramento Statutory Rape Lawyer About Your Case Today
Statutory rape is a serious charge in California, so it’s pertinent to understand how to protect yourself during the legal proceedings. If you’re ready to build your defense for a statutory rape case, get in touch with Tully and Weiss to set up a consultation with a trusted attorney today.