This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.
California USLegal Guide to Statutory Rape
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Depending on the type of case or procedure, California's statutes of limitations range from one year to 10 years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong. Statutes can be extended (?tolled?) for various reasons.
There are no Romeo and Juliet laws in California. This means that it is always statutory rape (PC 261.5) to have consensual sexual intercourse with someone under 18, even if you are close-in-age or a minor yourself.
California does not set a minimum age for someone to date within the state legally. However, if an adult has sexual relations with a minor, the adult can be charged with statutory rape.
Personal injury: Two years from the injury. If the injury was not discovered right away, then it is 1 year from the date the injury was discovered. Breach of a written contract: Four years from the date the contract was broken. Breach of an oral contract: Two years from the date the contract was broken.
In California, the legal age of consent is 18 years old. Readers should note that under PC 261.5, it doesn't matter if the sex was consensual or if the minor initiated the sexual activity. In other words, this statute prohibits any type of sexual activity with anyone under 18.
No statute of limitations for fraud of public money or any other crime that carries life in prison without the possibility of parole, life in prison, or death penalty. No statute of limitations for forcible rape. No statute of limitations for forceful or violent rape of a spouse. No statute of limitations for murder.
Penal Code 799(b)(1) indicates that the California rape statute of limitations doesn't exist because the prosecution can commence at any time. Consequently, the prosecution can take their time gathering evidence until they have enough to convict you before filing charges.
The statute of limitations for simple assault is one year, while the time period during which charges must be filed for aggravated assault is increased to three years. Some examples of aggravating factors in assault cases include: Using a deadly weapon.