What is the punishment given to an accused for raping a minor?
Full Question:
I am 16 years old and I live in California. My brother’s friend who is 18 years old visited our house while my brother was away. He entered my room and had sex with me without my consent. I want to file a complaint against him for raping me. What punishment for rape?
12/05/2016 |
Category: Criminal » Statutory Rape |
State: California |
#27513
Answer:
Per California Penal Code §261.5:
“(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.
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(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)***
(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).
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(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.”
Since you are two years younger to him, he shall be liable for a penalty not exceeding $5000. In addition to any punishment, the judge may impose a fine not exceeding $70. The ability to pay by the accused will also be taken into consideration. However, he shall not be denied probation because of his inability to pay the fine.***
(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)***
(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).
***
(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.”