Minor dating laws in california
Sarah may be charged with statutory rape for having sex with Raphael. Thus, the prosecutor will also be required to prove how old the parties were when the intercourse took place.: Cory is 19. Cory knows people who have gone to jail for statutory rape and is very concerned about this threat.
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.
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 crime of statutory rape is also commonly referred to as "unlawful sex with a minor"..as "unlawful sexual intercourse." Statutory rape is a crime regardless of whether the sex was consensual..even initiated by the minor (the supposed "victim" of the crime).The reality is that we live in a world where teenagers are sexually active...which means that the crime of statutory rape occurs every day, and that countless otherwise law-abiding people find themselves being prosecuted.