What is the penalty of statutory rape?
I am being charged with 10 counts of statutory rape by a girl as well as giving alcohol to minors. She was willing to have sex with me. The detective said I should get a lawyer and to contact her. I don’t have money to settle nor get a private lawyer. How much time do I have to spend in jail if I get a conviction?
Law Office of Joe Dane
| Joe Dane
Orange, CA
Orange, CA
It will depend on how it's filed by the prosecution. If the age difference between you is 3 years or less, it's a misdemeanor. Over 3 years and it can be a felony. What you actually get depends on what they can prove, your prior record (if any) and what the facts are. You're going to need a lawyer, no matter what. Either you arrange to get the money together to hire one (and you'll never know what the fees are and what you can set up for payments until you meet with them and ask) or show up to court and apply for a the judge to appoint a public defender.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
Statutory rape is defined as act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor . A m inor is a person under the age of 18 years and an adult is a person who is at least 18 years of age. Sexual intercourse with a minor, who is not more than three years older or three years younger than the perpetrator, is misdemeanor subject to imprisonment in the county jail not exceeding one year. Sexual intercourse with a minor who is more than three years younger than the will be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in state prison for two, three, or four years. In addition if found guilty the person is required to register as a sex offender for life.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
Do not talk to any more detectives. Doing so wil not stop or cause you to be arrested. The Cop has no intention of helping you, he has a case to make and if he can get you to confess, which you might have, it is only to help his case against you. As to time, it depends on what you are ultimately charged with and are convicted of. Time could be several years in prison and a requirement to register as a sex offender for the rest of your life. Based on your comment that this is stat. rape, girl is a minor. Minors cannot legally give consent. You will and do need an attorney. giving alcohol to minors , if you have sex with one or all of them after they consume the alcohol, is just rape.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Tracey S. Sang
The penalties vary depending on your age, the age of the girl, and the type of contact that occurred so it is hard to answer your question. Sentences also vary greatly depending on your record and individual circumstances - it is possible that you may be able to escape jail time. You need to ask for the Public Defender if you can't afford an attorney. Once you see the complaint it will tell you the sentencing range for each count. Good luck.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Edward J. Blum
If convicted you will spend up to 4 years per count in prison. Statutory rape has nothing to do with consent. Now is probably not the time to save your money.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Geoffrey M. Yaryan
If you are not 10 years older than her it be charged as a misdemeanor or felony. How much time you get, if any, depends upon the judge.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
Get a lawyer, sell everything you have, call your relatives, do everything you can do to get a private lawyer. If you are more than three years older than the girl the max punishment for the first charge is four years in prison then one year for each additional count for a total of 13 years in prison. Then when you get out of prison you will have to register as a sex offender. Your picture would go on the internet and you will have to update your address every time you move and on your birthday. Failure to do that can result in three years in prison for each offense. Do not speak with the detective without a lawyer present. The fact that she was willing has absolutely no affect on the consequences above. Actually, just by saying that she was willing would be an admission and there would be no reason for the prosecutor to give you a break.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Elliott Zarabi
It all depends on how they are charging you. Most probably because of the number of counts you are looking at felony charges. Do not contact the girl. I am dealing with a very similar case right now. If the victims family is pushing for it, they may incarcerate you for a long time. Each count carries with it up to 3 years in state prison if charged as a felony.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 11/18/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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