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Just after midnight---after the date has changed to February 2-they have sexual intercourse for the first time.Cory cannot be charged with statutory rape...because Brianna is now considered to be 18.The crime of statutory rape is also commonly referred to as "unlawful sex with a minor" or as "unlawful sexual intercourse." The legal age of consent in California is 18 year of age.Statutory rape is a crime regardless of whether the sex was consensual or even initiated by the minor (the supposed "victim" of the crime).In order to convict you of statutory rape under California Penal Code 261.5, the prosecutor must prove at least three facts (otherwise known as "elements of the crime").These facts include It is important to note that there is no requirement for the prosecutor to prove that force was used to accomplish the sexual intercourse..that the alleged victim did not consent to the intercourse.: Sarah is a 20-year-old community college student.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.
False accusations and wrongful arrests lead to a large number of bogus California statutory rape prosecutions.You honestly and reasonably believed that the alleged victim was over 18.If you honestly and reasonably believed that the alleged victim was over 18 at the time you had sex, you can't be convicted under California statutory rape law.: Todd meets Jessica at a bar that requires patrons to present ID showing that they are 21 or older before entering.Only There are a variety of legal defenses to a California statutory rape charge that a skilled California sex crimes defense attorney could present on your behalf.The following are examples of some of the most common.