Statutory Rape

TRANSCRIPT

Statutory Rape is defined under California penal code section 261.5 and involves a person who has sex with a minor that is over 14. So someone that does not qualify as a child for the sex crime laws and it doesn’t need to be someone that of their majority meaning 18 or over. 17-year-olds can be charged with this and you don’t have to be older than another person. Males can be charged with it. Females can be charged with it. It’s a very common crime that is charged. People start relationships in high school. One person may be older than the other. One person turns 18 before the other and they’re involved in a sexual relationship and all of sudden gets charged and I see it happen all too often. Now, in those situations, they’re tougher to defend because consent isn’t a defense. That’s why they call is statutory rape. It’s not a question of willingness. It’s a question of did the act really happen and was the person under 18.

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