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People of California v. Hernandez, 61 Cal.2d 529 (1964), was a California Supreme Court case ruling that an "honest and reasonable" mistake as to the age of a female is a valid defense to a statutory rape charge. [1] The defendant was charged with violating California Penal Code section 261, subd. 1, statutory rape, a misdemeanor. He pleaded ...
First Degree Statutory Rape N.C. Gen. Stat. Ann. § 14-27.24 LWOP, life with parole or a prison term of at least 25 years (LWP and 25 years are only options if the defendant was under 18) After serving his sentence, the convict shall be under lifelong satellite-based monitoring Statutory Rape of a Person Who Is 15 Years of Age or Younger
Another argument presented in defence of statutory rape laws relates to the difficulty in prosecuting rape (against a victim of any age) in the courtroom. Because forced sexual intercourse with a minor is considered a particularly heinous form of rape, these laws relieve the prosecution of the burden to prove lack of consent.
Michael M. v. Superior Court of Sonoma County, 450 U.S. 464 (1981), was a United States Supreme Court case over the issue of gender bias in statutory rape laws. The petitioner argued that the statutory rape law discriminated based on gender and was unconstitutional.
The U.S. Supreme Court ruled in Kansas v. Hendricks that a predatory sex offender can be civilly committed upon release from prison. [5] The Supreme Court ruled in Stogner v.. California that California's ex post facto law, a retroactive extension of the statute of limitations for sexual offenses committed against minors, is unconstitution
Related: L.A. Judge Denies Director Roman Polanski's Bid to End Decades-Old Rape Case Polanski was arrested in the U.S. for drugging and raping 13-year-old Samantha Geimer in 1977, PEOPLE ...
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis. The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California.
Rape was formerly a common law offence, with a statutory penalty first given by the Offences against the Person Act 1861, and given a statutory definition by the Sexual Offences (Amendment) Act 1976. This has itself been superseded by the Sexual Offences Act 2003. Rape is currently defined, in section 1 of that act, as follows: [87]