Often referred to as ‘statutory rape’, having sexual intercourse with minor children is against California Penal Code even if the encounter was consensual. How individuals are charged will depend on the age difference between the minor child and the individual charged, with sentences ranging from probation up to four (4) years in state prison. Okabe & Haushalter suggests those charged with underage sex crimes retain counsel immediately.
Because expert sex with a minor attorney understands laws that laypeople don’t, it’s worth investing in their help when freedom could be jeopardized. Not only could one be imprisoned, but there’s an immediate criminal blemish on someone’s record that could prevent them from retaining gainful employment in California, or nationwide.
Because there are many aggravating and mitigating circumstances to every statutory rape case, not every charge will lead to a guaranteed conviction.
With police reports and testimony on hand, prosecutors must build their case based on events that supposedly transpired between the minor child and adult perpetrator. For example, there must be irrefutable evidence that sexual intercourse or other inappropriate acts took place. A parent’s suspicion may garner an investigation, but that’s not enough to secure an automatic conviction.
If one minor child was seventeen, and the perpetrator was seventeen during the sexual event but turned 18 the next day, there’s little anyone could do since the act took place while they were a minor. If both parties deny sexual intercourse happened, and zero evidence exists to the contrary, there’s no conviction possible.
Prosecutors must have at least three components to successfully convict someone of sex with a minor: an individual that’s over 14 but younger than 18 who were sexually involved, an individual that was an adult under California law who participated in the act, and proof both parties were unmarried. Even with all components present, there’s always the potential for procedural errors like defendants who can prove rights weren’t read, statements were coerced, and confessions were made in exchange for cash.
You’ll want an outstanding courtroom presence to defend your case, which Okabe & Haushalter’s Palo Alto sex with a minor attorney can offer. Pleading down to lesser charges, having cases tossed and negotiating better plea bargain conditions are actions that our attorney can perform for defendants.
If you’re being hounded to make any statements to police or your loved one is currently incarcerated because of unwarranted sex with a minor charge, it’s imperative Okabe & Haushalter know the details surrounding the arrest or questioning. Once retained, we’ll immediately enter our appearance in court and work toward getting you released or meet you at the police station should answering questions seem prudent to your situation.
Our goal is making sure defendants are thoroughly represented. We’ll even take over cases that you believe you’re receiving ineffective assistance of counsel in, and help you release your public defender if need be. Your freedom is important, so contact our Palo Alto sex with a minor attorney today.
