What Does a Statutory Rape Attorney Do?

Criminal attorneys with experience in statutory rape defense litigation have some trouble fighting charges against their clients. Statutory rape defense in court is more difficult than forcible rape because the fact of consent is disregarded in cases of statutory rape.

Statutory rape can involve the expressed consent of the minor. However, the reason why the act is illegal from the beginning is because the minor does not legally have the authority to consent about having sex. In turn, the law only considers the age of the defendant in relation to that of the "victim."

The prosecutor must only prove, beyond a reasonable doubt, that sex had occurred between the offender and the victim. He or she must also confirm the ages of both people involved in the statutory rape proceedings. Previously, this left criminal attorneys defending statutory rape cases with little evidence to submit. Statutory rape defense is notoriously difficult and the high rates of conviction reflects this.

Romeo and Juliet laws have at least given attorneys something to work with to reduce sentences despite high conviction rates. Attorneys under Romeo and Juliet laws in states that have them, can submit to the judge as evidence to consider reducing sentences in cases of unlawful sexual intercourse. A statutory rape defense attorney can help defendants get a his or her sentence reduced down to probation in some states.

It is important to hire a statutory rape defense lawyer that is familiar with the laws of the state where the charges are being brought. Statutory rape laws change to a great degree from state to state and different laws mean different legal defense strategies. An experienced lawyer may also be able to strike a plea bargain that is favorable to all parties involved in the case.

Some states have different viable defenses. For example, the state of California recognizes the defense of individuals who sincerely believe that the victim was over the age of 18 (age of consent in CA). Other states do not allow that kind of defense at all. Therefore having a criminal attorney that is experienced with statutory rape defense would be one's best hope for a favorable outcome of the trial.

NEXT: What You Should Know About the Age of Consent