Statutory Rape

Statutory Rape Attorney in Fairfield

California State Bar Certified. Over 140 Jury Trials. Defending PC 261.5 Charges in Solano County.

A charge under California Penal Code 261.5 carries consequences that reach far beyond a courtroom verdict. Potential felony exposure, civil penalties, immigration risks, and long-term effects on employment and housing can follow an accusation even before trial. At The Maher Law Group, APC, we defend individuals facing these charges in Fairfield and throughout Solano County. Attorney Vincent Maher holds the California State Bar’s criminal law specialist certification, a designation held by very few criminal defense attorneys in the state, and has conducted over 140 jury trials.

Your first step is a free, confidential case evaluation. Call us at (888) 744-3057 to speak with our team about what you’re facing and how we can help.

What California Law Says About Statutory Rape

California Penal Code 261.5 defines unlawful sexual intercourse with a minor as sexual intercourse with a person under 18 who isn’t the perpetrator’s spouse. This is distinct from forcible rape under PC 261, which requires proof of force or lack of consent. PC 261.5 requires neither. The prosecution need only prove that intercourse occurred and that the other person was under 18 and unmarried to the defendant.

Consent isn’t a defense under this statute. California has no Romeo and Juliet law, meaning proximity in age or an existing relationship doesn’t reduce criminal liability. What the law does recognize is a tiered charging structure based on the age gap between the parties.

How the Wobbler Structure Works

PC 261.5 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances. If the parties are three years apart in age or less, the charge is a misdemeanor. If more than three years apart, the district attorney may charge a misdemeanor or a felony. When the defendant is 21 or older and the minor is under 16, felony exposure is at its highest.

Defense Strategies in a PC 261.5 Case

Attorney Vincent Maher has conducted over 140 jury trials. That depth of courtroom experience matters in sex crime cases, where facts are often disputed and stakes are severe. Depending on the circumstances, several defense approaches may be available.

Reasonable Mistake of Age

If the defendant honestly and reasonably believed the minor was 18 or older, California law recognizes this as a valid defense. Supporting evidence can include the minor’s own representations, the setting where the parties met, the minor’s appearance, and witness accounts. This defense requires careful development and presentation.

Challenging the Evidence of Intercourse

The prosecution must prove that sexual intercourse occurred. Challenging the sufficiency of that evidence is a core defense avenue, particularly when the case rests on testimony alone or when physical evidence is absent or inconclusive.

Wobbler Negotiation & Pre-Filing Intervention

When a charge qualifies as a wobbler, we may be able to persuade the district attorney to charge a misdemeanor rather than a felony, or to seek a reduction after a felony filing based on the facts and the defendant’s background. In some cases, early engagement with investigators or prosecutors before charges are formally filed can surface mitigating facts and potentially limit the scope of what is charged.

Why Fairfield Clients Choose The Maher Law Group, APC

Vincent Maher is recognized in the National Trial Lawyers Top 100 and is a California State Bar certified criminal law specialist, one of the few criminal defense attorneys in California to hold that certification. Earning it requires demonstrating substantial involvement in criminal law, passing a written examination, and receiving peer review. It reflects a depth of practice that a general criminal defense background doesn’t.

We serve clients in Solano, Contra Costa, Napa, and Yolo Counties and treat cases with the same attention regardless of where they arise. Statutory rape charges carry serious stigma well before any conviction. We handle these cases with discretion, and every consultation is fully confidential.

Start with a Free, Confidential Case Evaluation

A PC 261.5 accusation moves quickly once it enters the criminal justice system. The earlier we can review the facts, the more options we can pursue, including pre-filing intervention, charge reduction, and building a trial defense if needed.

Contact The Maher Law Group, APC today at (888) 744-3057 to schedule your free, confidential consultation with a statutory rape lawyer in Fairfield.

Elements the Prosecution Must Prove Under PC 261.5

To secure a conviction for unlawful sexual intercourse with a minor, the prosecution must establish three elements beyond a reasonable doubt, as set out in CALCRIM 1072: that the defendant engaged in sexual intercourse with the alleged victim, that the parties weren’t married to each other at the time, and that the alleged victim was under 18.

Under the statute, any penetration, however slight, constitutes sexual intercourse. Ejaculation isn’t required. The prosecution doesn’t need to prove force was used or that the minor withheld consent. The minor’s age alone is the basis for the charge, which is what makes PC 261.5 legally and factually distinct from forcible rape under PC 261.

Consequences Beyond Incarceration

A conviction under PC 261.5 carries consequences well beyond jail or prison time. Understanding the full scope matters when deciding how to respond to a charge.

Civil Penalties

California law imposes civil penalties tied to the age gap between the parties. If the minor is less than two years younger, the civil penalty can reach $2,000. If the minor is at least two years younger, it can reach $5,000. If the minor is at least three years younger, it can reach $10,000. If the defendant is over 21 and the minor is under 16, the penalty can reach $25,000.

Sex Offender Registration

A conviction under PC 261.5 doesn’t automatically require registration as a sex offender under Penal Code 290, which is a meaningful distinction from many other sex crime convictions. However, a court may impose registration as a condition of probation in certain cases, making how the specific facts are argued at sentencing consequential.

Other Collateral Consequences

Additional consequences can include mandatory HIV testing, restitution if the minor incurred out-of-pocket costs, and restraining orders. A felony conviction results in loss of firearm rights. Notably, neither the misdemeanor nor felony version of PC 261.5 qualifies as a “strike” under California’s Three Strikes Sentencing Law. Immigration consequences are complex and fact-dependent. The Ninth Circuit has generally not held the statute to constitute a crime involving moral turpitude, but outcomes can vary based on the specific charge and plea terms. Non-citizen defendants should discuss all potential immigration consequences with both a criminal defense attorney and an immigration attorney, since related charges or plea terms can create independent exposure.

Where Fairfield Statutory Rape Cases Are Prosecuted

Criminal charges arising in Fairfield are prosecuted in the Solano County Superior Court. We handle criminal defense matters in this court regularly, and we bring that familiarity to every PC 261.5 case we take from Fairfield and the surrounding communities of Solano County.

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Award-Winning, Aggressive Solano County Criminal Defense Lawyer

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Board Certified
As board-certified professionals, we meet the highest standards of excellence in our field, providing you with the confidence that your case is in the hands of true experts.
Top 100 Trial Lawyer (NTLA)
Recognized as one of the National Trial Lawyers' Top 100, our proven track record demonstrates exceptional advocacy and results for our clients.
Certified Specialist in Criminal Law
As board-certified professionals, we meet the highest standards of excellence in our field, providing you with the confidence that your case is in the hands of true experts.
Over 140 Jury Trials Successfully Handled
Our extensive courtroom experience, with over 140 successful jury trials, ensures you have a seasoned advocate fighting for the best possible outcome in your case.

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