Baton Rouge Statutory Rape Lawyer
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The Baton Rouge statutory rape lawyers at The Law Offices of Ossie Brown are experienced in defending individuals facing serious statutory rape charges. In Louisiana, statutory rape laws strictly prohibit sexual activity, including any sexual contact or touching of a sexual nature with a minor younger than 17 years of age, since minors cannot legally consent to a sexual relationship.
If proven guilty of a statutory rape charge, you’re facing potential prison time and mandatory sex offender registration. If you’ve been charged with statutory rape, it’s critical to have a skilled Baton Rouge sex crimes lawyer who can handle the complexities of false accusation cases or allegations of aggravated sexual assault. Our Baton Rouge statutory rape attorney group will ensure you have thorough and viable defense strategies.
Call 225-343-1111 to schedule a free initial consultation with a criminal defense attorney on our skilled team.
What is Carnal Knowledge of a Juvenile?
Carnal knowledge of a juvenile refers to engaging in sexual intercourse or other forms of sexual contact with someone below the age of consent in Louisiana or a minor younger than 17 years of age under LA. R.S. § 14:80 and La. R.S. § 14:80.1.
Even if both parties consented to the sexual activity or the sexual relationship involved consensual sex, if the victim’s age is under 17 years of age, in Louisiana, he or she is legally incapable of consent; so, any sexual activities are still considered statutory rape.
Additionally, if “consensual sex” or sexual contact occurs between two minors between the ages of 13 and 16, if one party is four or more years of age older, the older party could still face a statutory rape charge in Baton Rouge. For parties less than four years apart, Louisiana’s Romeo and Juliet exception may reduce penalties.
The alleged crime can also apply if the offender had a reasonable belief that the alleged victim was old enough to legally consent. However, engaging in sexual penetration or acts meant to gratify sexual desire with a juvenile, even if the minor considers it “consensual sex,” still carries severe penalties and can overlap with other sex crimes depending on the circumstances of the sexual encounter or sexual relationship.
If you’re facing criminal charges, you need a strong statutory rape defense. Our Baton Rouge statutory rape defense attorneys have a proven track record of providing a successful defense for our clients. Call our law office for a free consultation to see how our sex crimes lawyers can help.
Louisiana Statutory Rape Laws
Louisiana statutory rape law provides provisions for:
- Aggravated sexual assault or rape: This involves sexual intercourse or sexual penetration with a person under the age of 13. In Louisiana, aggravated sexual assault is treated as one of the most severe sex crimes, with penalties that include a life prison sentence without parole. If one party is under 13, the criminal charges apply regardless of whether the older party had sexual consent before the sexual activity. This is closely related to what other states might call “first-degree felony.”
- Felony carnal knowledge of a juvenile: These sex crimes apply when someone over 17 has consensual sex with a minor who is at least 13 but younger than 17, and the age difference between them is four or more years. Those convicted will face up to 10 years of prison time with a mandatory minimum 5-year prison sentence. This is more similar to what other states might classify as a “second-degree felony.”
- Misdemeanor carnal knowledge of a juvenile: This applies when minors engage in sexual intercourse or activities, but the age difference between the parties is less than four years. In Louisiana, penalties can include up to a six-month prison sentence.
- Indecent behavior with a juvenile: This offense involves any lewd or lascivious actions committed by an individual over the age of 17 with a juvenile under 17, with the intent to arouse or gratify sexual desire, but does not require actual sexual intercourse. Convictions can include potential jail time and sex offender registry requirements. If you’re charged with indecent behavior with a juvenile in Baton Rouge, contact our law office for a free consultation.
Each of the following terms applies in the context of legal sexual assault definitions regarding consensual sex or sexual activity and may involve individuals who are legally incapable of consenting, such as an alleged victim when statutory rape occurs:
- Sexual intercourse: The sexual penetration of a sex organ of one person by another, with or without clothing intended to cover the area.
- Sexual activities: Physical actions of a sexual nature, including any sexual act or behavior involving sexual contact with intent to have some form of sexual relationship.
- Sexual act: Any deliberate sexual contact, including penetration, between any sex organ and another body part during a sexual encounter.
If you’re facing false accusations or have been charged with statutory rape, do not wait to hire a statutory rape defense attorney in Baton Rouge. Sex crimes involving sexual assault of a minor are prosecuted harshly in Louisiana.
Penalties for a Statutory Rape Conviction in Louisiana
A statutory rape conviction in Louisiana can result in a harsh prison sentence, with penalties ranging from 5 years to life, depending on the specifics of the case. Sex offenders who are found guilty are also required to comply with Louisiana sex offender registration requirements, which mandate lifelong sex offender registration. Being listed as a sex offender has long-term impacts on housing, employment, and social standing. If you’re facing a false accusation of this sex crime (or if the act occurred), a skilled Baton Rouge statutory rape lawyer can help defend your rights. A criminal defense attorney will work to challenge the claims of the alleged victim and seek the best possible outcome.
Misdemeanor Statutory Rape Charges
A conviction for a misdemeanor statutory rape charge is punishable by up to $1,000 dollars in fines, imprisonment for up to 6 months, or both.
Felony Statutory Rape Charges
Under Louisiana’s felony statutory rape law, these acts carry penalties of a fine of up to $5,000 in fines, imprisonment for up to 10 years, or both. Sex offenders with felony convictions are not eligible to have their convictions set aside or their prosecutions dismissed.
Additionally, felony statutory rape offenders may be subject to sex offender registration requirements, which drastically affects the person’s life.
If you’ve been charged or accused of having sexual contact with a minor younger than 17, you need an experienced team of statutory rape lawyers in Baton Rouge. Contact our criminal defense attorney team for a free consultation to discuss your legal rights.
Defense Strategies for Those Charged With Statutory Rape in Baton Rouge
There are a few defense strategies that our criminal defense attorney team can use to help your case and protect your future. However, it’s important to note that a reasonable belief that the victim was not a minor younger than 17 is not a viable defense in Louisiana and cannot be used in court to defend against statutory rape charges.
Marital Exception for Statutory Rape Charges
In Louisiana, the marital exception, also known as the marital exemption, allows a spouse who is legally married to avoid being charged with certain sex crimes, like rape, even if the alleged victim did not consent. While most states have abolished the marital exemption, Louisiana still retains parts of its marital exception laws involving the sexual relationship between partners. The marital exception continues to face legal challenges, with growing support for ensuring that even within legally married partners, consent remains critical.
Romeo and Juliet Exemption
The Romeo and Juliet exception in Louisiana protects individuals from sex crimes charges when both parties are close in age and the alleged victim is a minor. It applies if the age difference between the participants is less than four years and both are older than 13 but younger than 17.
Lack of Sufficient Evidence for Sexual Intercourse With a Minor
In statutory rape cases in Louisiana, the prosecution must prove guilt beyond a reasonable doubt. While there is no affirmative defense based on a reasonable belief of the alleged victim’s age, it is possible that someone may falsely accuse you of this sex crime. Louisiana law is strict when it comes to sexual relations with a minor younger than 17, and even acts where both parties consented can lead to serious penalties.
Our Baton Rouge statutory rape lawyers work to challenge false accusations and ensure that every detail of the case is scrutinized to establish reasonable doubt and protect your rights.
How our Baton Rouge Statutory Rape Defense Attorneys Can Help
If you’ve been accused of statutory rape or other sex crimes in Louisiana, the consequences can be severe, including a sex offender registry requirement if proven guilty. Our Baton Rouge statutory rape attorneys are here to build a successful defense for your sexual assault case.
A skilled criminal defense attorney from our law office will investigate every aspect of the alleged crime, challenge the evidence presented by the alleged victim, and work to clear your name. Our law office is experienced in handling complex statutory rape allegations, ensuring that our client’s rights are protected and that we pursue the best possible outcome.
Carnal Knowledge of a Juvenile FAQ
Our Baton Rouge statutory rape lawyer group answers the most frequently asked questions.
Statutory Rape vs Rape in Louisiana
In Louisiana, statutory rape involves consensual sexual intercourse between an adult and a minor. In contrast, Louisiana rape law applies to non-consensual sexual intercourse between a consenting individual and the alleged victim.
Is it Statutory Rape if Both are Under 16 in Louisiana?
In Louisiana, if both individuals are under 16 and engage in sexual activity, neither would typically face criminal charges for statutory rape. The Romeo and Juliet exception may apply, preventing prosecution if the age difference is less than four years. However, this does not provide an affirmative defense for other circumstances outside these specific age brackets.
What is the Difference Between Rape and Molestation in Louisiana?
In Louisiana, statutory rape occurs when an adult engages in sexual intercourse with a minor, regardless of the minor’s consent. Molestation refers to lewd or inappropriate behavior intended to gratify sexual desire without necessarily involving intercourse without requiring the same level of sexual consent as rape.
Is Statutory Rape a Felony in Louisiana?
Yes, statutory rape can be a felony sex crime in certain situations.
What is the Statute of Limitations on Statutory Rape in Louisiana?
In Louisiana, if someone is charged with statutory rape, the statute of limitations is generally 30 years from the date the victim turns 18. This allows the victim to file charges up until they turn 48.
Baton Rouge Statutory Rape Attorney
If you’re facing statutory rape allegations in Louisiana, you need a dedicated legal sex crimes defense advocate to ensure you receive the best possible outcome. Our experienced team understands the serious impact these charges can have. Whether it involves challenging the evidence, questioning the circumstances of the alleged offense, or presenting valid legal defenses, our Baton Rouge statutory rape attorney group will work tirelessly to build a strong defense on your behalf.
Call our law office at 225-343-1111 or contact us online to schedule a free consultation with a criminal defense attorney in Baton Rouge.
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