Statutory Rape

Statutory Rape laws are based on the premise that until a person reaches a certain age, that individual is legally incapable of consenting to sexual intercourse. Thus, it is a crime for an adult to have sexual intercourse with a person under the legal age of consent, which is 18 years of age. California's statutory rape law is found in Penal Code Section 261.5. California has begun a concerted effort to use its statutory rape laws as a means of reducing pregnancies and births among minors. The attempt was prompted by recent research indicating that two-thirds of babies born to school-aged mothers in the state were fathered by adult men, who, on average, were more than four years older than their adolescent partners.

The severity of the punishment depends on the relative ages of the two people, either of whom may be male or female.

 It is a misdemeanor for a person who is at least 18 years old to have sexual intercourse with a minor who is three years younger than that person.

 If the victim is more than three years younger than the perpetrator, the crime can be either a misdemeanor or a felony.

 If the victim is under the age of 16 and the perpetrator is 21 years of age or older, and they engage in sexual intercourse, the crime can be either a misdemeanor, punishable by up to one year in county jail or imprisonment in the state prison for 2, 3, or 4 years.

In addition to criminal penalties, there may be civil penalties as well. The district attorney may bring actions to recover civil penalties.

 An adult who engages in an act of unlawful sexual intercourse with a minor less than two years younger than the adult is liable for a civil penalty up to $2,000.

 An adult who engages in an act of unlawful sexual intercourse with a minor at least two years younger than the adult is liable for a civil penalty up to $5,000.

 An adult who engages in an act of unlawful sexual intercourse with a minor at least three years younger than the adult is liable for a civil penalty up to $10,000.

 An adult over the age of 21 years who engages in an act of unlawful sexual intercourse with a minor under 16 years of age is liable for a civil penalty up to $25,000.