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California Romeo and Juliet Laws: Know How To Protect Yourself
California Romeo and Juliet Laws: Know How To Protect Yourself
DOMENIC J LOMBARDO
SAN DIEGO CRIMINAL DEFENSE LAWYER
In recent decades, states across the United States have passed laws that make sexual conduct with a minor illegal. Because states have the ability to enact their own laws, these laws can vary widely with regard to exactly what is illegal as well as the defenses available and penalties for a conviction. One common defense that defendants assert is that the sexual conduct was consensual, despite the fact that one or more of the participants was legally underage. Laws that allow that defense have come to be known as Romeo and Juliet laws after the famous star-crossed Shakespearean lovers. California does not have a Romeo and Juliet law, meaning that even teenage lovers who consensually engage in sexual intercourse could be charged with a crime if one of them is over the age of 18.
the age of majority. That age, in turn, determines things like when a person can vote, enter into a contract, and consent to sexual conduct. Today, all states have a law that determines the age of consent with ages ranging from 16 to 18 years of age. In California, the age of consent is 18 years old.
Sexual intercourse between a perpetrator 21 years or older and a victim who is under 16 years old is a misdemeanor or felony punishable by up to four years in prison. If the victim is age 13 or younger, or the victim is 14 or 15 and the perpetrator is at least ten years older than the victim, the potential penalties increase dramatically. Civil penalties ranging from $2,000 to $25,000 may also be imposed.
No sexual conduct the state must prove that sexual conduct actually occurred. Marriage if the victim is married to the defendant then the statutory rape laws do not apply Mistake of age sometimes a defendant did not know how old the victim was when they had sexual intercourse. The victim may have claimed to be older. If a reasonable person would have believed him or her then it may be a defense. If, for example, a 21 year old woman meets a man in a bar who claims to be 21 but later turns out to be 17, it could be reasonable for her to have believed he was, indeed, 21 years old. Small age difference while California does not actually have a Romeo and Juliet law, the law does lower the potential penalties if the age difference between victim and perpetrator is less than three years. Focus on agreement although a victim under the age of 18 cannot legally consent, the prosecuting attorney, a judge, or a jury may still weigh a victims agreement, or even initiation, of sex heavily when making decisions. It is unlikely, for example, that a judge would give a defendant the maximum sentence if the defendants attorney is able to prove that the victim was close in age to the perpetrator, they had an on-going relationship, and the victim actually made the arrangements that led to the sexual encounter.
register as a sex offender but then subsequently move to another state, your new state of residence could require you to register depending on the laws of that state. If you are in a relationship with someone under the age of 18, or you are the parent of a child who is in one, it is crucial that you have a clear understanding of the law in California. Unfortunately, all it takes is a phone call from an unhappy parent to send someone to jail in many cases. Be sure you know the law and do not violate it even if your girlfriend, boyfriend, or acquaintance attempts to convince you that nothing will come of the encounter. SexLaws.org, California Statutory Rape FAQ U.S. Department of Health and Human Services, Summary of Current State Laws SexLaws.org, California Statutory Rape Laws USLegal, Romeo and Juliet Law Law and Legal Definition