Suppose a minor lies about their age online, and then you engage in a sexual act with them. In that case, you can still be charged with a sex crime. Typically, not knowing that your partner is under the age of consent (18) in California is not a legal defense. Furthermore, the minor will typically face any legal consequences for providing false information about their age.
Simply put, if you engage in a sexual encounter with a minor in the state of California after they lied about their age online, you could face serious criminal charges. The specific charge will always depend on the nature of the sexual encounter. Some possible criminal charges include statutory rape, oral copulation with a child, sexual abuse, lewd acts with a minor, or even the crime of online solicitation of a minor.
Adults are typically required to ensure that their partner is over the age of consent. If you have been accused of California Penal Code 261.5 PC statutory rape, you are facing significant legal penalties if convicted.
Suppose the minor lied about their age, and you had no reason to doubt them. In that case, could it be used as a valid defense? The simple answer is that it depends on different factors.
For example, under California law, there is some flexibility if you were legitimately misled about the minor's age at the time the sexual act occurred. However, as noted, not knowing that your partner is under the age of consent is not generally considered a legal defense. Statutory rape can still be charged, even if they other person misrepresented their age.
What is Statutory Rape?
California Penal Code 261.5 PC statutory rape is defined as unlawful sexual intercourse with a minor, meaning someone under the age of 18. Consent to sexual activity by the minor is irrelevant because minors are legally incapable of consenting to sexual acts under California law. However, there is an important exception.
The severity of the statutory rape charge depends on the age difference between the defendant and the alleged victim, such as:
- If the age difference is 3 years or less, it's charged as a misdemeanor, which carries penalties of up to one year in county jail and fines up to $1,000.
- If the age difference is more than 3 years, it can be charged as a misdemeanor or a felony (wobbler).
- If the defendant is 21 or older and the minor is under 16, it's always charged as a felony, which carries severe penalties of 16 months to four years in state prison and fines up to $10,000.
Reasonable Mistake of Age Defense
California recognizes a "reasonable mistake of age" defense in statutory rape cases. If you are accused of statutory rape, you might be able to avoid a conviction if it can be proven that:
- The minor lied about their age, and
- The adult made a reasonable mistake in believing the minor was 18 years of age or older.
This defense is typically relevant in cases where the minor presented themselves as an adult through their words, actions, or appearance. For example, if the minor presented a fake ID, stated they were over 18, or behaved in an adult manner, the court might find the mistake of age reasonable.
Minors sometimes intentionally misrepresent their age, and in some circumstances, it may not be reasonable to expect you to find out the truth about their age. Suppose a lawyer can present compelling evidence proving the two factors listed above. In that case, the defense may be successful.
However, a reasonable mistake of age defense does not necessarily prevent charges from being filed. Rather, it is a legal argument that can be employed during the trial to avoid a conviction.
What is a Reasonable Mistake?
The key to this defense strategy is reasonableness. For example, just simply saying that you thought they were over 18 years old is not sufficient. Rather, you must be able to prove that your belief was reasonable based on the circumstances, such as the following factors that the court will consider:
- Whether the minor looked old enough to verify that they were of legal age.
- If the minor's physical appearance clearly suggests they are underage.
- If the minor repeatedly claims to be over 18 or provides documentation.
- If the minor interacts socially in ways that support their claim of adulthood.
- Courts might scrutinize whether you took any steps to confirm the minor's age if there was any reasonable doubt.
- If a minor provides an ID that looks legitimate, this may help justify the reasonableness of the mistake.
- If no effort was made to verify the minor's age, the defense is harder to sustain.
What are the Limitations?
While the "reasonable mistake of age" defense offers an avenue to avoid conviction, it has limitations. The mistake must be honest and objectively reasonable. Simply put, it means an average person in the same situation, exercising reasonable caution, would have made the same mistake.
Suppose a minor claimed they were 18 but their appearance and behavior clearly indicated they were underage. In that case, a court may find that any belief in their claim was unreasonable. Factors that can undermine this defense strategy include the following:
- The minor's physical appearance clearly shows they are younger than 18.
- Contradictory information over the minor's age, the defendant ignored or failed to investigate.
- Engaging in sexual activity without verifying the minor's age in circumstances where some doubt was reasonable.
- This defense is typically not available if the victim is under 14 years old.
- The defendant must prove that their mistake about the alleged victim's age was both honest and reasonable.
Possible Defenses for Statutory Rape
While the mistake of age defense may be limited, there are other possible defense strategies that an experienced California criminal defense lawyer might use against charges of PC 261.5 statutory rape, such as the following:
Perhaps we can argue that the allegations are false. Sometimes, allegations of statutory rape are fabricated for various reasons. Your attorney, who is experienced in challenging the credibility of accusations, can investigate the circumstances and may be able to challenge the credibility of the accusations.
Perhaps we can argue there is insufficient evidence: The prosecutor must prove beyond a reasonable doubt that sexual intercourse occurred. If there's insufficient evidence, your attorney may be able to get the charges reduced or dismissed.
Perhaps we can argue there were Constitutional violations: If law enforcement violated your rights during the investigation or arrest, certain evidence may be suppressed, potentially weakening the prosecution's case.
Perhaps we can argue the Romeo and Juliet laws. While California does not officially have a "Romeo and Juliet" law, the age difference between the defendant and the alleged victim can affect how the case is charged and sentenced. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
Related Content:
