Statutory Rape Laws The Age Of Consent
THE LAW ON
STATUTORY RAPE
&
AGE OF CONSENT
IN CALIFORNIA
MCKINLEY TURNER PROFESSOR TRUCCHI
THE ELEMENTS OF THE CRIME
OF STATUTORY RAPE:
1-That defendant had sexual intercourse with another person (any amount of penetration, regardless of how slight, constitutes sexual intercourse…even if there is no ejaculation).
2-That the persons involved in the act were not married to each other at the time (the fact that the minor is married to someone else or used to be married does not excuse liability for this offense).
3-That the alleged victim was under eighteen (18) years old at the time of the offense.
Statutory rape laws:
• These crimes are based on the premise that until a person reaches a certain age, he or she is legally incapable of consenting to sexual intercourse. • Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent.
• Statutory rape is a strict liability crime-which means that the consent of the younger person or mistake about their age is not a defense.
THE AGE OF CONSENT IN
CALIFORNIA:
• 18 years of age.
ALSO
• The offense of statutory rape is a wobbler-depending on the circumstances, it may e charged as either a misdemeanor or a felony. California has a tiered system where the greater the difference in age, the greater the penalty.
UNDER STATUTORY RAPE:
• Statutory Rape of a minor, is not the same as unlawful conduct that describes rape between adults. • Can be prosecuted even if there were no threats nor violence and the minor consented to having sexual intercourse with the other party.
CALIFORNIA SECTION 261.5 (b)-(d)
STATES:
• Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor.
• Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 who is more than three years
STATUTORY RAPE
&
AGE OF CONSENT
IN CALIFORNIA
MCKINLEY TURNER PROFESSOR TRUCCHI
THE ELEMENTS OF THE CRIME
OF STATUTORY RAPE:
1-That defendant had sexual intercourse with another person (any amount of penetration, regardless of how slight, constitutes sexual intercourse…even if there is no ejaculation).
2-That the persons involved in the act were not married to each other at the time (the fact that the minor is married to someone else or used to be married does not excuse liability for this offense).
3-That the alleged victim was under eighteen (18) years old at the time of the offense.
Statutory rape laws:
• These crimes are based on the premise that until a person reaches a certain age, he or she is legally incapable of consenting to sexual intercourse. • Statutory rape occurs when a person over the age of consent engages in sexual intercourse with someone under the statutory age of consent.
• Statutory rape is a strict liability crime-which means that the consent of the younger person or mistake about their age is not a defense.
THE AGE OF CONSENT IN
CALIFORNIA:
• 18 years of age.
ALSO
• The offense of statutory rape is a wobbler-depending on the circumstances, it may e charged as either a misdemeanor or a felony. California has a tiered system where the greater the difference in age, the greater the penalty.
UNDER STATUTORY RAPE:
• Statutory Rape of a minor, is not the same as unlawful conduct that describes rape between adults. • Can be prosecuted even if there were no threats nor violence and the minor consented to having sexual intercourse with the other party.
CALIFORNIA SECTION 261.5 (b)-(d)
STATES:
• Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 and the actor is not more than three years older or three years younger, is guilty of a misdemeanor.
• Anyone who engages in an act of unlawful sexual intercourse with a person under age of 18 who is more than three years