Full question:
I am 16 years old and I live in California. My brother’s friend who is 18 years old visited our house while my brother was away. He entered my room and had sex with me without my consent. I want to file a complaint against him for raping me. What punishment for rape?
- Category: Criminal
- Subcategory: Statutory Rape
- Date:
- State: California
Answer:
In California, statutory rape is defined as sexual intercourse with a person under the age of 18. Minors cannot give consent, so any adult engaging in sexual acts with a minor can be prosecuted for rape.
According to California Penal Code § 261.5, unlawful sexual intercourse occurs when an adult has sexual intercourse with a minor who is not their spouse. A minor is anyone under 18 years old, while an adult is someone 18 or older.
If an adult engages in sexual intercourse with a minor who is at least two years younger, they may face civil penalties. Specifically, the adult could be liable for a civil penalty of up to five thousand dollars ($5,000). Additionally, a judge may impose a fine of up to seventy dollars ($70). The court will consider the defendant's ability to pay these fines, and probation cannot be denied due to inability to pay.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.