California age of consent dating nyc dating blog
Defendants accused of statutory rape often claim that they had no reason to know that their partner was underage.They may argue that the child said that he or she was of age, and that a reasonable person would have believed it.California has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married.The marital defense is a remnant of the marital rape exemption.A felony conviction will incur at least 16 months (and up to eight years) in prison and can also result in probation, up to ,000 in fines, or both.Convicted offenders can also be ordered to undergo chemical castration.Minors are legally incapable of giving consent to having sex; so for example, if Jen, a 16 year old willingly has sex with Tony, her 23 year old boyfriend, Tony can be charged with rape, since Jen is not legally capable of giving consent in the first place.
If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.
Unlike in most states, in California mistake of age is sometimes a defense.
If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.
The age of consent can vary among states, and some states differentiate between consensual sex between minors who are close in age (for example, two teenagers of the same age), as opposed to sex between a minor and a much older adult.
Though statutory rape does not require that the prosecutor prove an assault, it is still rape.
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Laws can change at any time, and numerous defenses may apply to statutory rape charges.