48-Year-Old Charged with Statutory Rape in Oakland (CA Penal Code 261.5)

Last Modified: October 13, 2020
March 19, 2015 | Rabin Nabizadeh | Rape Attorney, Sex Crimes

A 48-year-old man currently stands accused of having sexually attacked and sodomized a young boy, 10 years of age.  Apparently, the young boy was walking alone near the 1100 block of 98th Avenue when a strange man lured him away from his route.  The boy described his assailant as dirty, having facial hair, and wearing a ball cap.  After the assault, the boy managed to get away and back to his parents, who he immediately informed of the incident.  A composite sketch was instrumental in the arrest and charge of statutory rape.

One of the most serious offenses that a person can commit in the state of California is having sex with a child.  It is considered among the most heinous crimes that individuals commit and is, therefore, not taken lightly.  Better known as ‘statutory rape’ law, California Penal Code 261.5 is violated if intercourse is had with anyone under the age of 18.  If the child is under the age of 10, different, and more severe, penalties apply.  Even if the victim is a willing participant in the intercourse, statutory rape laws will still apply.

In the above case, it is clear that the child in question was on the cusp of two different sets of penalties, as he is exactly 10 years of age.  Though technically a ‘wobbler’ (meaning that it could be treated either as a misdemeanor or as a felony, depending on the choice of the particular prosecutor and the facts of the specific case), cases involving children this young are usually treated as felonies.  It also means being subject to CA Penal Code 288 (Lewd Acts with a Child), which carries its own penalties, including registration as a sex offender.  All in all, the perpetrator of the above crime will likely spend up to 8 years in state prison and pay hefty fines.

latest news

February 6, 2024
What Can I Expect After Being Arrested for a DUI in San Jose?

Getting arrested for a DUI in San Jose can be a stressful and confusing experience. You might have many questions about what happens next and what you should do. Knowing the process and what to expect can help you navigate this challenging situation. It’s important to remember that a DUI arrest is severe, and the […]

February 6, 2024
Effective DUI Defenses You Can Utilize

Facing a DUI charge can be a burdensome experience and frightening. You might feel like there’s no way to defend yourself, but that’s not true. There are several effective defenses that skilled DUI lawyers use to protect their clients. Understanding these defenses can be crucial in fighting a DUI charge. DUI defenses vary depending on […]

October 10, 2023
Do You Lose Your License Immediately After a DUI Charge in San Jose?

Driving under the influence (DUI) is a major offense in San Jose. If you’ve been arrested for a DUI, you might be worried about the future of your driver’s license. Following a DUI arrest, you might be wondering what to do next. Knowing your rights and the next steps can significantly impact the outcome of […]