Legal Question in Criminal Law in California

Your statutory reference is ambiguous. Penal Code section 288a is oral copulation. That section prohibits oral copulation with someone under the age of 18, or against their will, using force, violence, duress, menace etc.

Penal Code section 288 subd. (a) is the prohibition against lewd or lascivious acts against a child who is under the age of 14.

Consent is not a defense to Penal Code section 288 subd. (a). It may be to Penal Code section 288a, but it is not clear which specific portion you are being charged with.

You have potential defenses and evidence. You now get to use it in your defense of the charges.

The ONLY specific advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, hire an attorney, and do NOT talk to anyone except an attorney about the case. You potentially face charges that could put in jail/prison, and most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. There is no magic wand to make this go away.

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. If you can't afford private counsel, you can apply for the Public Defender.