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What is the Age of Consent in California? | California Sex Crime Attorneys



The legal minimum age at which a person can consent to having sex is known as the “age of consent.” The legal age of consent in California is 18, which means that anyone who is 18 years of age or older may consent to sexual relations with anybody, regardless of age. Legally speaking, however, a minor under the age of eighteen cannot give permission for sexual intercourse with an adult, even in a consenting relationship. This is considered statutory rape, which is a serious crime with harsh penalties.

Statutory Rape Laws in California

Having sex with a juvenile who is not the perpetrator’s spouse is considered statutory rape. Any penetration, no matter how small, of the vagina or anus by any bodily part or object, as well as oral copulation including contact between the mouth and genitalia, are included in the definition of sexual intercourse. Statutory rape is regarded as a wobbler offense in California, which means that depending on the circumstances of the case and the age gap between the participants, it may be prosecuted as either a misdemeanor or a felony.

Whether statutory rape is prosecuted as a misdemeanor or a felony in California carries different penalties. A misdemeanor conviction carries a maximum $1,000 fine, probation, and/or county prison time of one year. However, a felony conviction carries a potential sentence of 16 months to 3 years in state prison, along with a fine of up to $10,000 and/or probation. A statutory rape conviction can have far-reaching effects on the offender’s life outside the legal realm. These effects may include a criminal record, the inability to vote or own a firearm, immigration repercussions, and the requirement to register as a sex offender.

Romeo and Juliet Law in California

California does not have any Romeo and Juliet laws, unlike several other states that offer exceptions or defenses for close-in couples having consenting sex. Because there isn’t a Romeo and Juliet statute, the age of consent is always relevant, regardless of the nature of the sexual conduct or the parties’ relationship.

Sex Crimes Attorneys in California

It is essential to seek the advice of an experienced sex crimes attorney if you or someone you know is accused of statutory rape or any other sex offense in California. An attorney like this can defend your rights, explain the charges to you, and work to get the best result. They can also help lessen the negative effects of a conviction for a sexual offense, like jail time, fines, probation, and sex offender registration.

With more than 25 years of combined experience, Newman & Allen, LLP, has successfully defended clients in California against charges of sexual offenses. Devoted to delivering assertive, empathetic, and customized legal assistance, we relentlessly look into matters, contest proof, engage in negotiations with prosecutors, and stand up for our clients in court. Whether a client is facing felony or minor charges, our mission is to assist them in getting the best outcome possible. For a free consultation, get in touch with [Newman & Allen, LLP] right now.

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