Stuatory Rape

[cheet]

My friend (age 20) got caught this weekend and is being charged with oral copulation and sexual intercourse with a girl who is 14. He was belligerant at the time and this girl he had just met within the hour took off her pants in front of him and gave him a condom. He didnt even know her name and had no idea she was 14. He didn't take advantage of her and never asked her to do anything sexual. She even admitted this to the police, she was the one that started it. He has a clean record and is a full-time student. The california penal code says the punishment for each of the two charges is a maximum 1 year in jail.

My question: What kind of punishment do you think he is likely to receive for this under the circumstances?

[cdwjava]

My question: What kind of punishment do you think he is likely to receive for this under the circumstances?

It depends on his past history and the specific charges he is facing. Do you know the code sections he has been charged with?

- Carl

[cheet]

Only thing on his record is a open-container ticket he got on fourth of july. He is charged with 261.5c and 288a Section B Paragraph 1. Let me copy and paste from the penal code:

288a. (a) Oral copulation is the act of copulating the mouth of one
person with the sexual organ or anus of another person.
(b) (1) Except as provided in Section 288, any person who
participates in an act of oral copulation with another person who is
under 18 years of age shall be punished by imprisonment in the state
prison, or in a county jail for a period of not more than one year.

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.
(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.

I know for both it says the maximum penalty is up to a year, but given his circumstances and the story. What is he realistically expected to serve?

[cdwjava]

It depends on the county. I would say it is likely that he will face the felony conviction and be sentenced to local time with probation, restitution, and a lifetime of registering as a sex offender.

It is doubtful he will go to prison, but it IS possible.

He needs to speak to an attorney yesterday, and he needs to stop talking to anyone else about the offense ... friends and family can be called as witnesses against him.

- Carl

[cheet]

any idea on how much time he is expected to face?

[cdwjava]

any idea on how much time he is expected to face?

Very likely one year minus the time spent behind bars already.

But, once again, he really needs to talk with an attorney as he COULD go to prison for a few years. Possible, though not likely.

- Carl