California laws regarding dating minors
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.
This is because California has a marital exemption to the California statutory rape laws.
However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.
Statutory rape is prosecuted under California’s rape and sexual assault laws.
Penalties depend on the ages of the defendant and victim, as described below.
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.
The marital defense is a remnant of the marital rape exemption.However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.The conduct is still illegal, but someone protected by this exception will face the possibility of smaller fines and reduced jail time.Under California Penal Code Section 261.5, statutory rape is simply engaging in sexual intercourse with a minor who is under the age of 18.The elements of a In this situation, the alleged victim may have even consented to engaging in sexual intercourse with you.
Statutory rape is very different from rape in that it does not involve a forced sex act upon another person.