Top Fort Defiance, AZ Statutory Rape Lawyers Near You
PO Box 82189, Portland, OR 97282
609 Houston Ave, Houston, TX 77007
33 S 7th St, Allentown, PA 18105
12 Corporate Woods Blvd., Suite 206, Albany, NY 12211
101 Lucas Valley Road, Suite 262, San Rafael, CA 94903
307 5th St, Benton, LA 71006
652 Rutledge Avenue, Unit B, Charleston, SC 29403
49 Court Street, Suite 260, Binghamton, NY 13901
360 Fowling St, Playa Del Rey, CA 90293
Northbridge Centre, 515 North Flagler Drive, Suite 350, West Palm Beach, FL 33401
35 West Pittsburgh Street, Greensburg, PA 15601
1533 W Alabama St, Suite 100, Houston, TX 77006
95 3rd St, #2, San Francisco, CA 94103
233 East SHore Rd, Suite 210, Great Neck, NY 11023
9130 S Dadeland Blvd, Suite 1705, Miami, FL 33156
123 W Washington St, Momence, IL 60954
22342 Avenida Empresa, Suite 125, Rancho Santa Margarita, CA 92688
1209 Coastal Highway, Suite B, Fenwick Island, DE 19944
2428 Williams St, Augusta, GA 30904
100 N. Cherry, Suite 210, Olathe, KS 66061
101 Central Plaza South, Suite 1200, Canton, OH 44702
646 Main Street, Port Jefferson, NY 11777
1999 Avenue Of The Stars, 8th Floor, Los Angeles, CA 90067
1101 Johnson Avenue, Suite 300, Myrtle Beach, SC 29577
9800 4th Street North, Suite 200, St. Petersburg, FL 33702
Fort Defiance Statutory Rape Information
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What Is Statutory Rape?
Statutory rape is sexual intercourse or sexual contact with someone who is below the age of consent (which varies from state to state). Someone below the age of consent cannot legally consent to a sexual relationship, even if they give verbal consent. It is not up to the underage individual whether or not to press statutory rape charges. The prosecutor can charge a defendant with statutory rape offenses without the alleged victim’s consent.
The penalties for statutory rape depend on the jurisdiction. Statutory rape can be charged as rape, sexual abuse of a minor, or other sexual offenses. Criminal penalties may depend on a number of aggravating and mitigating factors, including:
- Age of the victim
- Age difference between the parties involved
- Type of sexual activity
- Giving the victim alcohol or drugs
How Is Rape Different From Statutory Rape?
Rape is unlawful sexual intercourse. Rape can be committed through force, coercion, or when the victim cannot give consent. For example, someone who is passed out or drugged may not have the mental state to consent to sexual penetration. With statutory rape, the victim cannot give consent because the law does not consider them to be old enough to give legal consent.
With underage sexual intercourse, it does not matter what the underage person does or says. The underage individual may be encouraging or pursuing sex but they still cannot give legal consent. If the underage person says they will not tell anyone, the defendant can still be charged if law enforcement officers find out about the sexual relationship.
In some cases, parents or guardians may be okay with a sexual relationship between the defendant and their minor child. However, it does not matter if the parents give consent or the victim says that it is okay. If a teacher, counselor, or other friend’s parent finds out about the sexual relationship and reports it, the police can still make an arrest for rape or sexual assault.
What Is the Age of Consent?
The age of consent is 16 to 18, depending on the state. However, the defendant’s age may also be considered in statutory rape charges. There may need to be a sufficient age differential between the victim and the defendant, if the victim is above an age minimum. There may also be a minimum age of the defendant in order to prosecute someone for statutory rape. Contact an experienced criminal defense lawyer to understand the legal defense strategies in your case.
How Much Jail Time Can a Person Get for Statutory Rape?
In most cases, statutory rape or sexual assault of a minor is a felony offense. The felony penalties for a statutory rape conviction may include more than a year in prison. When the minor victim is under a certain age, the prison sentence can be much longer, including up to life imprisonment.
In addition to jail time and fines, statutory rape may be considered a “registerable offense.” After the defendant serves their sentence and is released from jail, they may have to register with local law enforcement agencies as a sex offender. Sex offenders have mandatory registration every year or whenever they move.
Sex offenders are put on a database that is public information and can be searched by the defendant’s name or search location. The sex offender registry may have identifying information, including:
- Name
- Photograph
- Physical description
- Address
- Sex crime
Is It a Defense if Someone Lied About Their Age?
In some cases, it may be a defense if the defendant had an honest and reasonable belief that the victim was over the age of consent. However, simply claiming the victim lied about their age may not be enough. It can help the defendant’s case if there are factors supporting their claim, including:
- Victim had a fake I.D. and claimed an older age
- Victim was in a place where minors are not generally present, including a bar
- There were other witnesses who were told and thought the victim was older
However, even if the defendant has substantial evidence of a reasonable belief of the age of consent, there may be a bar to this defense if the victim is under a certain age. If you have questions about this or other legal defenses, talk to a sex crimes defense attorney.
Can You Sue for Statutory Rape?
For criminal statutory rape laws, it is up to the prosecutor to bring criminal charges. The victim is not required to support criminal charges and the victim cannot drop criminal charges. Even if the victim comes to the defendant’s defense, the prosecutor can still pursue a felony conviction.
The victim of statutory rape may be able to file a civil complaint against the defendant for civil penalties. A civil cause of action may allow the victim to recover damages from the defendant, including monetary compensation.
Do You Need a Statutory Rape Lawyer?
There are severe penalties associated with a statutory rape charge, including harsh prison sentences and lifetime sex offender registration. A criminal defense attorney can provide an aggressive defense strategy to help you avoid criminal charges. Contact an experienced attorney for legal advice.