Oral sex is not covered under California’s statutory rape law since it requires that a person engage in sexual intercourse with a minor.
Sexual intercourse only refers to vaginal penetration by the penis.
Unfortunately this is the type of offense that is sometimes the result of false accusations, like other sexual crimes.
Statutory rape charges are sometimes initiated out of revenge or anger, often initiated by a minor’s parents because they do not condone who their child is dating.
Being unaware of the victim’s age would be a mistake of fact, which is a valid defense to statutory rape. One of the elements is that the victim is under the age of 18 at the time of the offense.
If you honestly and reasonably believed the victim was over age 18 at the time of the sexual intercourse, then you have a defense. The court looks at the difference in age of the defendant and victim and it is still possible as a minor for you to be charged with statutory rape.
However, this is a limited exception because it reduces the offense from a felony to a misdemeanor.
The conduct is still illegal, but someone protected by this exception could see reduced jail time and fines.
However, you can be charged with oral copulation with a minor under Penal Code 288a.
Like statutory rape, it is irrelevant if the minor gives consent and does to willingly, voluntarily and with full knowledge of the nature of the act. Statutory rape and the crime of rape are two separate offenses.
Adult defendants convicted of statutory rape may also be required to pay a civil penalty in addition to any criminal fines.
How much you will pay depends on the age disparity between you and the victim.
If you have been arrested and would like to learn more about what attorneys charge.