Dating laws in ca nottingham dating
While it is a reality that many California teenagers are sexually active, according to one California court, “that fact alone does not establish that minors have a right to privacy to engage in sexual intercourse.” Thus, in the state of California, it is against the law for a legal adult – someone age 18 or older – to engage in sex with a minor – anyone below the age of 18 – even if the sex is “consensual.” Adults who break that law can be charged with statutory rape.
Statutory rape laws presume that minors are incapable of consenting to have sex.
The average age difference between a teen victim and an adult defendant in California statutory rape cases is seven years, nine months.
Some states like New York have different laws, so contact a New York criminal lawyer.
Anyone who is charged with statutory rape – or with any sex crime in Southern California – will need to be represented by an experienced Orange County criminal defense attorney.
Legal defenses against the charge of statutory rape include the standard defenses available to defendants in all criminal cases: Defendants who are charged with statutory rape often insist that they had no way to know that the victim was below the age of consent.
When someone is convicted of statutory rape, no leniency will be offered by the court.
Some states allow an exemption from statutory rape prosecutions for young adults and older minors who are near to one another in age – for example, an 18-year-old with a 17-year-old.
These exceptions are commonly called “Romeo and Juliet” laws, and these laws are intended to protect teens and young adults from serious criminal charges when they have engaged in consensual sex with someone near to their own age.
Most states do not recognize a mistake of age as a valid defense against a statutory rape charge.
However, the law in California allows a mistake of age as a defense in some statutory rape cases if the court determines that an average, “reasonable” person would probably have made the same mistake.