In California, the age of consent is 18 years old, meaning anyone who is under the age of 18 is considered a minor and cannot legally consent to sexual activity. Offenders who engage is sexual acts of minors may be be criminally charged with statutory rape and subject to a civil sexual abuse lawsuit.
An exception to this is California’s Romeo & Juliet law, which provides leniency in cases involving two minors who are close in age. If the age gap is 3 years or less, it may be considered a misdemeanor offense rather than a felony. However, it’s important to note that this exception does not apply if one of the individuals is an adult (18 years old or older).
The Consequences of Statutory Rape in California
In California, statutory rape is generally prosecuted as Unlawful Sexual Intercourse under Penal Code §261.5. The penalties depend heavily on the ages of the individuals involved and the age difference between them.
Criminal Charges
- Minor under 18, age difference less than 3 years: Usually charged as a misdemeanor, and punishable by up to 1 year in county jail and/or fines
- Minor under 18, age difference more than 3 years: Can be charged as a misdemeanor or felony (wobbler), penalties may include up to 3 years in state prison
- Minor under 16 and defendant is 21 or older: Often charged as a felony, and punishable by 2, 3, or 4 years in state prison
Statutory rape does not automatically require sex offender registration. However, a judge may impose registration depending on the age difference, overall facts of the case, and the extent of the offender’s prior criminal history.
Civil Lawsuits (Separate From Criminal Charges)
Even if no criminal conviction occurs, survivors may pursue a civil sexual abuse lawsuit, which can seek compensation for:
- Emotional distress
- Psychological treatment
- Pain and suffering
- Other long-term harms
Civil claims often have different statutes of limitations than criminal cases and may still be viable legal option, even if a considerable amount of time has passed since the incident occurred.
Get Help From Our California Sexual Abuse Attorneys
Kayla’s Survivors is national sexual abuse law firm that provides support to survivors in California and throughout the United States. Call (800) 509-9747 or get a free case evaluation online from our legal team – 100% confidential and completely free.
Our San Diego, San Francisco, and Los Angeles sexual abuse attorneys have helped recover over $1 billion as a result of settlements and verdicts, including claims filed in the state of California.
Frequently Asked Questions
What is considered statutory rape in California?
Statutory rape is defined in California as when anyone has sexual intercourse with a person under 18 years of age. Furthermore, the survivor cannot be the offender’s spouse. In addition to severe criminal consequences, rape may also be grounds for a civil lawsuit.
What legal options do survivors of sexual assault in California have?
Survivors of sexual assault in California may pursue criminal charges by reporting the assault to law enforcement and may also file a civil lawsuit to seek compensation for the harm they suffered. Civil claims can be brought against the perpetrator and, in some cases, against institutions whose negligence enabled the abuse. Survivors may also seek protective orders, access victim compensation benefits, and receive support services regardless of whether criminal charges are filed.
How long do sexual abuse and assault survivors have to file a claim in California?
In California, the time to file a civil lawsuit for sexual abuse or assault is known as the statute of limitations and depends on the survivor’s age and when the abuse occurred. For adult survivors, claims generally must be filed within 10 years of the assault or 3 years from discovering the related injury. For childhood sexual abuse, survivors typically have until age 40 or five years from discovering the psychological harm, with some cases having no deadline under recent law changes.
