Let's review if you can still be charged with California Penal Code 261.5 PC statutory rape if a minor lies about their age.

If you have been accused of statutory rape in California (i.e., having sex with a minor), you could be facing significant penalties and a tarnished reputation if you are convicted. The potential consequences are serious and should not be taken lightly.

You might be able to use a mistake of age defense in statutory rape cases if the minor lied about their age.

But what if the minor in question lied about their age, and more importantly, what if you had no reason to doubt them? Could that count in your defense?

The answer is it depends. While most states do not consider ignorance of the minor's age to be a valid factor, California law does provide some flexibility if the accused was legitimately deceived or misled about the minor's age at the time the act occurred.

However, generally, if minors lie about their age online and then you engage in a sexual act with them, you can still be liable for a sex crime. Typically, not knowing that your partner is under the age of consent is not a legal defense.

The minor will typically not face any repercussions for lying about their age. Adults are generally required to make sure that their partner is over the age of consent. Discovering that someone lied about their age can feel unfair, especially if it leads to allegations of statutory rape. 

But in California, the law doesn't always take intent or misunderstanding into account. Statutory rape can still be charged, even if the other person misrepresented their age. Here's what you need to know about statutory rape laws in California and how such a defense might apply.

Understanding Statutory Rape Under California Penal Code 261.5

In the state of California, consent laws are a foundational element in determining the legality of sexual activities. Under California Penal Code 261.5 (PC 261.5), statutory rape is defined as unlawful sexual intercourse with a minor, meaning someone under the age of 18.

It is irrelevant whether the sexual activity is consensual, as minors are legally incapable of consenting to sexual acts under California law.

This strict liability standard typically means that an adult engaging in sexual conduct with a minor could technically be charged and convicted regardless of the circumstances.

The severity of the statutory rape charge depends on the age difference between the defendant and the alleged victim. For example:

• If the age difference is 3 years or less, it's typically charged as a misdemeanor.
• If the age difference is more than 3 years, it can be charged as either a misdemeanor or a felony (wobbler).
• If the defendant is 21 or older and the minor is under 16, it's always charged as a felony.
• Misdemeanor charges can result in up to one year in county jail and fines up to $1,000.
• Felony charges can lead to 16 months to four years in state prison and fines up to $10,000.

However, California law does make an important exception, as discussed below.

The "Reasonable Mistake of Age" Defense

California is among the few states that acknowledge a "reasonable mistake of age" defense in statutory rape cases. If an individual is accused of statutory rape, they may avoid conviction if they can prove two critical factors:

1. The minor lied about their age.
2. The adult made a reasonable mistake in believing the minor was 18 years of age or older.

This defense is especially relevant in cases where the minor presented themselves as an adult through their words, actions, or appearance. For instance, if the minor presented a fake ID, consistently stated they were over 18, and behaved in a manner consistent with adulthood, the court might find the mistake of age reasonable.

This defense recognizes that not all cases are black and white. Minors sometimes intentionally misrepresent their age, and in certain circumstances, it may not be reasonable to expect someone to uncover the truth. If an attorney can present compelling evidence supporting these two points, the defense may be successful.

It's important to note, however, that the "reasonable mistake of age" defense does not necessarily prevent charges from being filed. Instead, it is a legal argument that can be employed during trial to avoid a conviction.

What Constitutes a "Reasonable" Mistake?

The key to this defense is the concept of reasonableness. Just claiming you thought someone was 18 or older is not enough, you must show that your belief was reasonable based on the circumstances. Courts will look at several factors to determine if the mistake was reasonable, including:

• The minor's appearance: A court will evaluate whether the minor looked old enough to corroborate the claim that they were of legal age. If the minor's physical appearance obviously suggests they are underage, it will be difficult to argue that the mistake was reasonable.
• Behavior and statements: Did the minor repeatedly claim to be 18 or older, provide documentation (even if fake), and interact with you socially in ways that supported their claim of adulthood? These factors could strengthen the defense.
• Steps taken to verify age: Courts may scrutinize whether you took any steps to confirm the minor's age if there was any reasonable doubt. For example, if someone provides an ID that looks legitimate, this may help justify the reasonableness of the mistake. However, if no effort was made to verify the minor's age, the defense becomes harder to sustain.

What are the Limitations of This Defense?

While the "reasonable mistake of age" defense provides a potential pathway to avoid conviction, it is important to understand its limitations. The mistake must not only be honest but also objectively reasonable. This means that the average person in the same situation, exercising reasonable caution, would have made the same mistake.

For example, if a minor claimed they were 18 but their appearance and behavior clearly indicated they were underage, a court might find that any belief in their claim was unreasonable. Factors that can undermine the defense include:

• The minor's physical appearance suggests they were significantly younger than 18.
• Contradictory information about the minor's age that the defendant ignored or failed to investigate.
• Engaging in sexual activity without verifying the minor's age in circumstances where doubt was reasonable.
• The defense is generally not available if the alleged victim is under 14 years old.
• The defendant must prove that their mistake about the alleged victim's age was both honest and reasonable.

What Are Other Possible Defenses for Statutory Rape?

While the mistake of age defense might be limited, there are other possible defenses that an experienced criminal defense attorney might explore against charges of PC 261.5 statutory rape, such as the following:

• False accusations: Sometimes, allegations of statutory rape are fabricated for various reasons. Your lawyer can investigate the circumstances and may be able to challenge the credibility of the accusations.
• Insufficient evidence: The district attorney must prove beyond a reasonable doubt that sexual intercourse occurred. If there's insufficient evidence, your lawyer may be able to get the charges reduced or dismissed.
• Constitutional violations: If police violated your rights during the investigation or arrest, certain evidence may be suppressed, potentially weakening the prosecution's case.
• Romeo and Juliet laws: While California does not have a "Romeo and Juliet" law, the age difference between the defendant and the alleged victim can affect how the case is charged and sentenced.

For more information, contact our California criminal defense lawyers. Eisner Gorin LLP, based in Los Angeles.

Related Content:

• Oral Copulation with a Minor Laws
• California Crime of Statutory Rape
• People v. Hernandez, 61 Cal.2d 529
• CALCRIM 1072 Misd. Statutory Rape