Legal Question in Criminal Law in California
stachitory rape
how many years between partners is it considered stachitory rape?
Asked on 11/28/07, 11:49 am
1 Answer from Attorneys
Allen Farshi
Law Offices of Allen Farshi
Re: stachitory rape
Statutory rape:
If the age difference with a minor is 3 years or less it is a misdemeanor. If more it is a wobbler. Meaning prosecution has discretion to charge it as either a misdemeanor or a felony.
California recognizes a reasonable belief of the minors age (that not a minor) as an affirmative defense. Call me to set up an appointment.
Answered on 12/01/07, 3:10 am
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