California laws regarding dating minors patti stanger tips men dating tips

This is because California has a marital exemption to the California statutory rape laws.

However, if Tony were to rape Jen (force her to have sex against her will), he would have no protection under the law even if the two are married.

Unlike in most states, in California mistake of age is sometimes a defense.

If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area.

Under California Penal Code Section 261.5, statutory rape is simply engaging in sexual intercourse with a minor who is under the age of 18.

The marital defense is a remnant of the marital rape exemption.A felony conviction will incur at least 16 months (and up to eight years) in prison and can also result in probation, up to ,000 in fines, or both.Convicted offenders can also be ordered to undergo chemical castration.In California, it is illegal for an adult (someone 18 or older) to have sex with a minor (someone younger than 18), even if the sex is consensual.Those who break the law have committed statutory rape.

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