Saturday, July 31, 2010

Statutory Rape Defense

Riverside Statutory Rape Defense Attorney

Fact: You can be convicted of statutory rape even if intercourse was consensual.

Even worse, you could be placed on the sex offender registry and may face lasting consequences associated with the stigma of a sexual predator. If you have been arrested or charged with statutory rape in Southern California, you need an experienced criminal defense lawyer to protect your rights, reputation and freedom.

Contact Daniel L. Greenberg, P.L.C., in Riverside, California, for a free initial consultation. We defend clients charged with sex offenses in Riverside, San Bernardino, Los Angeles and Orange Counties.

Statutory rape (unlawful sexual intercourse) can involve any sexual act with a minor under the age of 18. Misdemeanor or felony charges can be pursued, depending on the age difference between the individuals:

  • Misdemeanor: Age difference is less than 3 years
  • Misdemeanor or felony: Age difference is more than 3 years
  • Felony: Age difference is more than 3 years, with the defendant being 21 or older and the minor being under 16

Without a veteran criminal defense attorney to combat the charges, you could face up to four years in prison and could have a permanent criminal conviction on your record.

Consent Means Nothing to a Statutory Rape Charge

Whereas consent can be used as a plausible defense in cases involving rape, sexual assault or other sex crimes, consent cannot be used as a valid defense in cases involving statutory rape (sex with a minor). Under California law, minors under the age of 18 are not considered legally competent to consent to sexual acts. Unlike most states, however, claiming that you believed the individual was 18 or older (thus capable of consenting) could be used as a valid defense to unlawful sexual intercourse charges in California.

With more than 35 years of criminal law experience, including four years as Riverside County Deputy District Attorney, I have clear insight into how statutory rape cases are pursued by the prosecution and how to counter those tactics as your criminal defense lawyer.

Contact Daniel L. Greenberg, P.L.C. to schedule a free initial consultation about your rights, the charges against you and how we can help.

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Daniel L. Greenberg
A Professional Corporation

3750 University Avenue
Suite 550
Riverside, CA 92501
Toll Free: 877.219.1788
Phone: 951.329.9300
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