Los Angeles Statutory Rape Lawyer
If, for any reason, you or someone you love is accused of statutory rape, it’s imperative to speak with a skilled and experienced Los Angeles sex crimes lawyer as quickly as possible. With more than a decade of experience representing clients accused of sex crimes, Los Angeles statutory rape attorney Douglas Miranda understands the fear and uncertainty that inevitably follow an accusation of statutory rape, and he knows that the allegation alone can permanently damage your reputation, career, and personal relationships.
ELEMENTS OF A STATUTORY RAPE PROSECUTION
Statutory rape charges are filed when a person is believed to have had sexual intercourse with a person below the age of 18. These are some of the more common sex crime charges that are filed in California, and very often, the parties involved are completely innocent of these charges.
A statutory rape charge does not always lead to a conviction. Remember, the prosecutor has to be able to prove that you are guilty of the charges brought against you. This includes proving that the different elements of statutory rape exist in your case. In order to establish a case of statutory rape against you, prosecutors in your case will have to prove the following elements:
- You had sexual intercourse with a person below the age of 18.
- You were not married to this person at the time of the incident.
These elements must be in place for a successful case against you, otherwise charges may be dismissed.
Remember, it is not necessary that the sex be non-consensual. These charges are often filed even in the case of consensual sex, when the person is below the age of 18. The only case in which such sex is considered legal, is one in which both of the parties are married to each other. If you’re not married to the victim, then the prosecutors may have grounds for filing charges against you.
If you have been charged with statutory rape, this is a very distressing time. Charges of statutory rape are challenging to defend, but not impossible. There are several defenses that an attorney can use in your case. Speak to a Los Angeles criminal defense attorney and discuss these defenses.
EXEMPTIONS TO CALIFORNIA’S STATUTORY RAPE LAWS
California’s statutory rape laws make it illegal for a person who is above the age of 18 to have sexual relations with a minor who is below the age of 18. Rape charges can be filed against a person even if the sex was consensual. Make no mistake-these laws are extremely stringent, and if you have consensual sex with a person below the age of 18, then you will be considered to have committed statutory rape, and will be arrested and charged.
However, the law has an exemption that applies to minors in a romantic relationship, who may have consensual sex with persons who are very close to their age. Under this exemption, minors who are three or fewer years apart in age and have consensual sex may have charges against them reduced. Bear in mind, the charges against them may still be filed in these cases. However, the charges may be reduced from a felony to a misdemeanor.
You can be arrested for having consensual sex with a person below the age of 18, even if he or she is very close to you in in age. You could be convicted, and that conviction could remain on your record. If you are currently facing charges of statutory rape, speak to a Los Angeles criminal defense attorney, and discuss how you can start building a defense immediately. Schedule a consultation with a Los Angeles criminal defense attorney immediately.
THE MOST EFFECTIVE POSSIBLE DEFENSE
Because statutory rape is a strict liability crime, it does not matter if the minor consents. In California, statutory rape can be a misdemeanor or a felony; the age difference between the two parties typically determines how a case will be prosecuted. Winning an acquittal or having the charge dismissed, however, requires the aggressive help of an experienced Los Angeles statutory rape lawyer. If you or a loved one has been charged with statutory rape, turn to Miranda Rights Law Firm.
There are a number of potential defenses available to those charged with statutory rape. The strongest defense that can be pursued is that the alleged sexual act never took place and the accusation is false.
One common defense that is often used in statutory rape cases is lack of knowledge of the age of the victim at the time of the alleged sexual incident. If you were genuinely not aware of the age of the victim and were not aware that he or she was younger than the age of 18 at the time of your sexual contact, this could possibly be a defense to the charges against you. For example, if the victim gave you reason to believe that he or she was above the age of 18, encouraging you to make sexual contact with him or her, your Los Angeles criminal defense attorney could possibly use this as a viable legal defense strategy. If you had reasonable reason to believe that the victim was of legal age, then our lawyers may have a good chance of getting the charges dismissed on your behalf.
Depending upon the details and circumstances surrounding the case, we will develop a strategic approach, fighting on your behalf to help protect your interests and your freedom. Contact experienced statutory rape defense attorney Douglas Miranda if you have been charged with this crime.
DISCUSS YOUR CASE WITH US
If you’ve been charged with statutory rape or believe that you are under suspicion, put an experienced Los Angeles statutory rape lawyer to work for you. Do not attempt to navigate the legal process alone. If you seek an attorney for a loved one who has already been arrested for statutory rape, we will visit your loved one in jail to provide legal advice and representation. We also handle other offenses, such as sexual assault, prostitution, lewd conduct, sexual battery, sexual assault, internet solicitation of a minor, kidnapping, child abuse, grand theft, robbery, gang crimes, white collar crimes like fraud and violent crimes such as assault with a deadly weapon, murder and beyond.
At the Miranda Rights Law Firm, we take our responsibility to our clients seriously, and we want to put our experience to work for you. To schedule a free consultation with an experienced Los Angeles statutory rape attorney, contact our Los Angeles County law firm today. Send an email, or call 213-255-5838. Se habla español.