Know what is illegal, as well as the defenses available and penalties for a conviction in the state of California

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.

A BRIEF HISTORY OF SEXUAL RELATIONS AND CONSENT

As recently as a century ago it was not unusual for people that we now consider to be minors to be married already. According to data compiled by the U.S. Census, as recently as 1900, the median age for a first marriage for a woman was just over 20 years of age. By 2010, the median age for marriage for a woman had risen to 27 years of age. For a man, the median age for a first marriage was 24 in 1900 and 28.5 in 2010. Keep in mind that these figures represent the median age, meaning that it was far from uncommon for a woman younger than 20 to be married already. One reason why people were married so young was that they didnt expect to live as long. A womans life expectancy in 1900 was just under 50 years, compared to over 80 by the turn of the 21 st century. In fact, if a woman wasnt married by the time she was in her mid-20s she was considered a spinster or old maid. Because people married so young, we can assume that people also had sex at a younger age 100 years ago. As societal norms changed throughout the 20th century, the laws changed as well. States began to enact laws that determined when someone reached

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.

WHAT DOES THE AGE OF CONSENT MEAN IN CALIFORNIA?

The age of consent is the age at which the State of California considers a person old enough to consent to sexual intercourse. Of course, we all know that teenagers younger than 18 years old do engage in sexual conduct; however, as far as the law in California is concerned anyone under the age of 18 is not legally capable of giving consent. In practical terms this means that if you have sex with someone under the age of 18 years old you are having sex with someone who did not give his or her consent. Sex without consent is a crime.

WHAT CAN I BE CHARGED WITH IF I HAVE SEX WITH A MINOR?

Just to reiterate, if you are over the age of 18 and you have sex with someone under the age of 18, you are committing a crime in California. The level of crime and potential penalties you face depends on the victims age, the perpetrators age, and the difference between the two. Sex with a minor who is not three years older or younger than the perpetrator is a misdemeanor. For example, if you are 19 and the victim is 17, you are guilty of a misdemeanor. Sexual intercourse with a minor who is more than three years younger than you is either a misdemeanor or a felony punishable by up to a year in jail or prison. For example, if you are 19 and the victim is 15 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.

ROMEO AND JULIET LAWS

Some states have reconsidered their statutory rape laws in recent years after seeing the devastating impact the laws often have on teenage defendants who believed they were engaging in consensual sex with a girlfriend or boyfriend. Known as Romeo and Juliet laws , these revised laws typically reduce the penalties when the age difference between the perpetrator and victim is minimal and it appears as though the only reason the act is considered non-consensual is because the victim is not legally of age to give consent. California does not have a Romeo and Juliet law. What this means for anyone over the age of 18 is that sex with someone under the age of 18 is a crime even if that person is your boyfriend/girlfriend and even if he or she consented to even initiated the sexual conduct.

IS THERE A DEFENSE TO STATUTORY RAPE IN CALIFORNIA?

Although California does not have a Romeo and Juliet law that does not mean you have no defense to a charge of statutory rape. An experienced California criminal defense attorney will review the facts and circumstances of your case to determine what your best defense will be; however, some common defenses or strategies include:

 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.

SEX OFFENDER REGISTRATION

Aside from facing the possibility of a length of incarceration as well as hefty civil fines, a conviction for a sex offense often requires the defendant to register as a sex offender. This is usually a lifelong stigma that can prevent the individual from obtaining employment, housing, or even visitation rights with minor children. In California, not all statutory rape laws require a defendant to register as a sex offender; however, some do. Moreover, if you are convicted in California of an offense that does not require you to

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

About the Author

Domenic J Lombardo
Domenic J. Lombardo, (Attorney at Law) graduated from University of California, Los Angeles (U.C.L.A.), earning a B.A. in Economics-Business, before graduating with his J.D. from University of California, Hastings School of Law. He passed the California Bar Examination on the first try, and immediately began practicing as a criminal defense attorney in San Diego, California. Mr. Lombardo worked as a defense lawyer at the San Diego Office of the Public Defender from 1991 to early 1996. Mr. Lombardo opened the Law office of Domenic Lombardo in 1996 as a a sole practitioner dedicated entirely to the defense of individuals accused of crimes. And while Mr. Lombardo works as the primary attorney for all his cases, he does have a team of investigators, forensic consultants, and paralegals to call on to help achieve the best possible result in every case. When he is not working, Mr. Lombardo is an avid family man, triathlete, and world traveler. The Law Office of Domenic J Lombardo The Executive Complex 1010 Second Ave., Ste. 1820 San Diego, CA 92101 www.AttorneyLombardo.com