California age of consent dating

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Unlawful sexual intercourse with a minor involves sexual intercourse or penetration (however slight) between a minor who is 17 or younger and a defendant of any age. Penal Code § 261.5 (2018).) Unlawful oral copulation includes oral sex between a minor who is 17 or younger and a defendant of any age. Penal Code § 288a (2018).) Sexual penetration includes sexual intercourse or penetration (however slight) between a minor who is under 14 and a defendant who is at least ten years older than the minor. Penal Code § 289 (2018).) Lewd and lascivious acts upon a child involve sexual contact between a minor who is 13 or younger and a defendant of any age.This offense also includes contact between a minor who is 14 or 15 and a defendant who is at least ten years older than the minor. Penal Code § 288 (2018).) Depending on the ages of the parties, and other factors, statutory rape crimes can be tried as misdemeanors or felonies in California.A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties (such as, for example, probation instead of prison time) and will know how prosecutors and judges typically handle cases like yours.If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.But the law includes a "close-in-age exception," meaning 14- and 15-year-olds can have sex with someone who is less than five years older.

Though statutory rape does not require that the prosecutor prove an assault, it is still rape.Laws can change at any time, and numerous defenses may apply to statutory rape charges.A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses that might apply to your case.Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities.Their incapacity is written into the statute—hence the term, “statutory” rape.

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