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: Troy is 19 years old but is still a senior in high school.
He starts dating and has sex with Michelle, a 17-year-old who is in several of his classes.
The age difference between the defendant and the minor is one of the major factors determining how the crime is tried.
If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe.
A good attorney knows that there are certain legal defenses that can help you beat statutory rape charges.
Two of the most helpful legal defenses are: If after reading this article, you have additional questions, we invite you to contact us at Shouse Law Group.
Examples of statutory rape in Californa: Here are some examples of scenarios that can lead to charges under California's statutory rape statute: To make matters worse, statutory rape -- like other sex crimes that people allege out of jealousy, anger, revenge, or misunderstanding -- is frequently charged against innocent people.
If #2 or #3 in the above list applies..when deciding whether to charge you with a misdemeanor or a felony, the District Attorney will consider (1) the facts of your specific case, and (2) your criminal history.One of her classmates in a math class is Raphael, a 16-year-old math genius who is taking college classes even while he attends high school.Sarah and Raphael begin studying together, and a romantic relationship develops. Raphael's mother finds out, and contacts the police. As we discuss in Section 2 below, the potential penalties for unlawful intercourse with a minor depend on the age of the "victim"..on the age difference between him/her and the defendant.The reality is that we live in a world where teenagers are sexually active.The "crime" of statutory rape occurs every day and countless otherwise law-abiding people find themselves being prosecuted.
You honestly and reasonably believed that the alleged victim was over 18.