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In the state of California, the age of consent for sex is 18 years of age.A minor, emancipated or not, cannot use consent as a valid legal defense in a statutory rape case.If you or a loved one is facing a charge of statutory rape, whether you or the alleged “victim” is or was an emancipated minor or not, it is critical that you speak to an experienced criminal defense attorney.At Wallin & Klarich, our attorneys have over 30 years of experience in handling statutory rape charges in Southern California.Statutory rape is prosecuted under California’s rape and sexual assault laws.Penalties depend on the ages of the defendant and victim, as described below.

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And for information about rape between spouses, see California Marital Rape Laws.However, they are still prohibited from drinking alcohol, quitting school and voting before the ordinary legal age.Under California Penal Code Section 261.5, a minor, emancipated or not, cannot legally consent to sex.Though statutory rape does not require that the prosecutor prove an assault, it is still rape.Of course, rape that does involve force or an assault is illegal in California and prosecuted as forcible rape (see California Sexual Battery Laws).




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