Can You Be Charged with Statutory Rape if They Lied About Their Age?

Discovering that someone lied about their age can feel like an unfair twist in an already difficult situation, especially if it leads to allegations of statutory rape. But in California, the law doesn’t always take intent or misunderstanding into account. Statutory rape can still be charged, even if the other person misrepresented their age.

In this post, we’ll explore how the law works, the potential consequences, and why understanding your rights is crucial if you find yourself in this situation.

Statutory Rape in California

In California, statutory rape is defined under California Penal Code 261.5 as unlawful sexual intercourse with a person under the age of 18 who is not the spouse of the perpetrator. It’s important to note that this law applies regardless of whether the minor consented to the sexual activity.

The severity of the charge depends on the age difference between the defendant and the alleged victim:

1. If the age difference is 3 years or less, it’s typically charged as a misdemeanor.
2. If the age difference is more than 3 years, it can be charged as either a misdemeanor or a felony.
3. If the defendant is 21 or older and the minor is under 16, it’s always charged as a felony.

The Mistake of Age Defense: Can It Be Used in California?

The short answer: it depends. While California traditionally treats statutory rape as a strict liability offense—meaning the prosecution only needs to prove the act occurred and that the alleged victim was under 18—there are exceptions.

Historically, a defendant’s knowledge or belief about the alleged victim’s age is not considered a defense, even if the minor lied, used a fake ID, or appeared to be over 18. This strict approach is rooted in the aim to protect minors from exploitation and to place the burden of verifying age on adults.

People v. Hernandez and the Mistake of Age Defense

However, California case law offers a nuanced exception to this rule. In 1964, the California Supreme Court ruled in People v. Hernandez that under certain circumstances, a defendant’s reasonable belief that the alleged victim was over 18 could be a valid defense to statutory rape charges.

The court stated: “We hold only that in the absence of a legislative direction otherwise, a charge of statutory rape is defensible wherein a criminal intent is lacking.”

This ruling opened the door for what’s known as the “Hernandez defense” or “reasonable mistake of age” defense in some statutory rape cases. However, it’s crucial to understand that this defense is not automatically applicable, and its use is limited.

Limitations of the Mistake of Age Defense

While the Hernandez decision provided some leeway for defendants in statutory rape cases, subsequent court rulings and legislative actions have placed significant limitations on this defense:

1. The defense is generally not available if the alleged victim is under 14 years old.
2. The defendant must prove that their mistake about the alleged victim’s age was both honest and reasonable.
3. The court will consider factors such as the alleged victim’s appearance, behavior, and any statements they made about their age.
4. The defendant’s actions to verify the alleged victim’s age may also be considered.

It’s important to note that successfully using this defense is challenging and requires skilled legal representation.

Other Potential Defenses in Statutory Rape Cases

While the mistake of age defense may be limited, there are other potential defenses that an experienced criminal defense attorney might explore:

1. False accusations: Sometimes, allegations of statutory rape may be fabricated for various reasons. Your attorney can investigate the circumstances and challenge the credibility of the accusations.
2. Lack of evidence: The prosecution 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.
3. Constitutional violations: If law enforcement violated your rights during the investigation or arrest, certain evidence may be suppressed, potentially weakening the prosecution’s case.
4. Romeo and Juliet laws: While California doesn’t have an official “Romeo and Juliet” law, the age difference between the defendant and the alleged victim can affect how the case is charged and sentenced.

Consequences of a Statutory Rape Conviction

The potential penalties for a statutory rape conviction in California can be severe:

• Misdemeanor charges can result in up to 1 year in county jail and fines up to $1,000.
• Felony charges can lead to 16 months to 4 years in state prison and fines up to $10,000.
• In cases where the defendant is 21 or older and the minor is under 16, the potential prison sentence increases to 2-4 years.

Beyond legal penalties, a conviction can have long-lasting consequences:

• Difficulty finding employment or housing
• Loss of professional licenses
• Strained personal relationships
• Potential immigration consequences for non-citizens

While statutory rape is not typically considered a registerable sex offense in California, there are exceptions, particularly if there are other related charges.

Why Work With a Sex Crimes Defense Attorney

At David P. Shapiro Criminal Defense Attorneys, we have extensive experience handling sex crime cases like these. Our approach includes:

1. Investigating the circumstances of your case
2. Identifying any weaknesses in the prosecution’s evidence
3. Exploring all possible defenses, including the potential applicability of the mistake of age defense
4. Protecting your constitutional rights throughout the legal process
5. Negotiating with prosecutors to seek reduced charges or dismissal when possible
6. Providing representation at trial if necessary

We understand the stress and uncertainty that come with facing such serious charges. Our team is committed to providing compassionate support and clear communication throughout your case, ensuring you understand your options and can make informed decisions about your defense.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.