Who can be charged with statutory rape in California?
Full Question:
Answer:
According the state of California, sexual relations with a person under the age of 18 is a criminal offense.
§ 261.5 Penal
(a) Unlawful sexual intercourse is an act of sexual intercourse
accomplished with a person who is not the spouse of the perpetrator, if
the person is a minor. For the purposes of this section, a "minor" is a
person under the age of 18 years and an "adult" is a person who is at
least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse
with a minor who is not more than three years older or three years
younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse
with a minor who is more than three years younger than the perpetrator is
guilty of either a misdemeanor or a felony, and shall be punished by
imprisonment in a county jail not exceeding one year, or by imprisonment
in the state prison.
(d) Any person 21 years of age or older who engages in an act
of unlawful sexual intercourse with a minor who is under 16 years of age is
guilty of either a misdemeanor or a felony, and shall be punished by
imprisonment in a county jail not exceeding one year, or by imprisonment
in the state prison for two, three, or four years.
(e)(1) Notwithstanding any other provision of this section, an adult
who engages in an act of sexual intercourse with a minor in violation
of this section may be liable for civil penalties in the following amounts:
(A) An adult who engages in an act of unlawful sexual intercourse with
a minor less than two years younger than the adult is liable for a civil
penalty not to exceed two thousand dollars ($2,000).
(B) An adult who engages in an act of unlawful sexual intercourse with
a minor at least two years younger than the adult is liable for a civil
penalty not to exceed five thousand dollars ($5,000).
(C) An adult who engages in an act of unlawful sexual intercourse with
a minor at least three years younger than the adult is liable for a civil
penalty not to exceed ten thousand dollars ($10,000).
(D) An adult over the age of 21 years who engages in an act of unlawful
sexual intercourse with a minor under 16 years of age is liable for a
civil penalty not to exceed twenty-five thousand dollars ($25,000).
(2) The district attorney may bring actions to recover civil penalties
pursuant to this subdivision. From the amounts collected for each case,
an amount equal to the costs of pursuing the action shall be deposited
with the treasurer of the county in which the judgment was entered, and
the remainder shall be deposited in the Underage Pregnancy Prevention
Fund, which is hereby created in the State Treasury. Amounts deposited in
the Underage Pregnancy Prevention Fund may be used only for the purpose
of preventing underage pregnancy upon appropriation by the Legislature.
(3) In addition to any punishment imposed under this section, the judge
may assess a fine not to exceed seventy dollars ($70) against any person
who violates this section with the proceeds of this fine to be used in
accordance with Section 1463.23. The court shall, however, take into
consideration the defendant's ability to pay, and no defendant shall be
denied probation because of his or her inability to pay the fine
permitted under this subdivision.
Many professionals including medical staff, teachers, administrators, coaches, doctors etc... are mandated by law to report reasonable knowledge or suspicion of "Unlawful sexual intercourse" or any types of sexual or physical abuse. These laws are called "Mandatory Reporting Laws." Under the California Child Abuse and Neglect reporting act, many professionals must, by law, report suspected abuses and violations to law enforcement, or risk criminal prosecution for failure to report. These professionals include, but are not limited to, school teachers, public employees, medical or hospital staff, mental health professionals, clergy, and many more...(the list is substantial.)The purpose of these laws are to protect children from abuse and neglect.
California Penal code 11165.1 defines "sexual abuse" as sexual assault or sexual exploitation including the above section related to statutory rape.
Certain professionals are required to report the incident pursuant to Penal Code §§ 11166; 11165.7. These include: teachers, teacher's assistants, administrative officers, certificated pupil personnel employees of any public or private school Administrators and employees of public or private day camps, youth centers, youth recreation programs, or youth organizations
Employees of childcare institutions, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities, social workers, probation officers, or parole officers, any person who is an administrator or a counselor in a child abuse prevention program in any public or private school, District attorney investigators, peace officers, firefighters, except for volunteer firefighters, physicians, surgeons, psychiatrists, psychologists, dentists, licensed nurses, dental hygienists, optometrists, marriage counselors, family and child counselors, clinical social workers, emergency medical technicians I or II or paramedics, state or county public health employees, coroners or medical examiners, commercial film and photographic print processors, child visitation monitors, animal control officers or humane society officers, clergy members, which includes priests, ministers, rabbis, religious practitioners, or similar functionary of a church, temple, or recognized denomination or organization, any custodian of records of a clergy member, employees or volunteers of Court Appointed Special Advocate programs.
Penal Code § 11166 also states that any other person who reasonably suspects that a child is a victim of abuse or neglect may report to a District Attorney's office.