The Criminal Act of Having Sex with a Minor: Statutory Rape (PC 261.5)
The Criminal Act of Having Sex with a Minor: Statutory Rape (PC 261.5) Under California Penal Code Section 261.5, it is illegal to have sexual intercourse with a person who is under the age of 18 and is not your spouse. Let’s further explore the criminal act of having sex with a minor. What If the Minor Initiates Sex? When most people think of “rape,” they think of sexual intercourse…
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Can You Be Charged with Raping Your Spouse? (PC 262)
Can You Be Charged with Raping Your Spouse? (PC 262) As unbelievable as it sounds, for a long time, California law did not recognize the fact that you could rape your spouse. Unfortunately, to this day, many people still think “It’s not rape if it’s with my spouse.” It wasn’t until the late 1970s that California passed Penal Code 262, making it a crime to rape your spouse. Let’s explore…
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Can Statutory Rape Charges Be Dropped? (PC 261.5)
Can Statutory Rape Charges Be Dropped? (PC 261.5) Statutory rape is a serious crime in California. Many alleged victims do not realize how harsh the punishment for a statutory rape conviction is until they have already filed a report with the police. Sometimes, when the accuser finds out that the alleged perpetrator is facing consequences that could have life-long consequences, they want to take back their accusations and get statutory…
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Can You Bring Up Prior Sexual History in a Rape Case?
Can You Bring Up Prior Sexual History in a Rape Case? When someone accuses you of rape, it is likely that there is little evidence against you aside from your accuser’s allegations. In these types of cases, one way a rape defense lawyer may be able to build a strong defense for you is by attacking the credibility of the alleged victim. This legal defense strategy could help show that…
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Facts about Spousal Rape Charges in Irvine – PC Section 262
Facts about Spousal Rape Charges in Irvine – PC Section 262 Many people do not think they can be charged with a crime for raping their spouse. However, there is actually a specific area of law in California that makes spousal rape a crime. This crime is covered under California Penal Code Section 262. The Irvine spousal rape attorneys at Wallin & Klarich have more than 40 years of experience successfully…
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Will I Go To Jail For Statutory Rape In Los Angeles? (PC 261.5)
Will I Go To Jail For Statutory Rape In Los Angeles? (PC 261.5) Under California Penal Code 261.5, it is illegal to engage in sexual intercourse with a minor who is not your spouse. The district attorney has wide discretion in prosecuting statutory rape cases. In many statutory rape cases, the alleged victim or the victim’s family experiences a change of heart after finding out the harsh penalties for statutory…
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What Does the Prosecution Have to Prove to Convict of Sexual Molestation?
What Does the Prosecution Have to Prove to Convict of Sexual Molestation? Sexual molestation is considered a very serious crime in California. If you are charged with child molestation under California Penal Code Section 288, you face severe consequences. A conviction of lewd or lascivious acts involving a minor under 14 years of age is a felony offense that carries a sentence of up to eight years in prison and…
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Reasons Why Children Lie about Sexual Abuse
Reasons Why Children Lie about Sexual Abuse When an individual is accused of committing a sex crime against a child, media frenzy builds up quickly around his or her case. As a result, a defendant's constitutional rights to be presumed innocent until proven guilty get cast aside, though they exist in theory. Even though the prosecution is required to prove that the defendant is guilty beyond a reasonable doubt, when…
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Could Rob Kardashian Face Revenge Porn Charges in California for Posting Nude Images of Blac Chyna?
Could Rob Kardashian Face Revenge Porn Charges in California for Posting Nude Images of Blac Chyna? If you keep up with trending topics on social media, you are probably aware of the drama that unfolded between Rob Kardashian and Blac Chyna and Instagram and Twitter. Recently, Kardashian allegedly took to his Instagram account to share private nude photos of Blac Chyna, whose real name is Angela Renée White. Kardashian was…
Read MoreIs it a Crime for an 18-Year-Old to Hug and Kiss a 17-year-old? — California Penal Code section 647.6
Is it a Crime for an 18-Year-Old to Hug and Kiss a 17-year-old? -- California Penal Code section 647.6 Most people probably believe that in this scenario if there was no intercourse then no crime was committed. This is false. Under section 647.6 of the California Penal Code it is a crime for any person to “annoy or molest any child under 18 years of age.” Consequences of a Penal…
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