Legal Question in Criminal Law in California

Re: rape

Yes. Statutory rape is a strict liability criminal offense, in which the victim is a minor and does not have the legal capacity to consent or not consent to the offense. Thus, consent is not a recognized defense here, however, there may be other valid defenses or mitigating cirumstances available to you, if/when you retain a good defense attorney.

Re: rape

Yes. In fact, one of the primary differences between ordinary rape and statutory rape is that consent only matters in the former.

"Consent" by someone below the legal age of consent is not valid. Thus, even if a minor agrees to have sex the law will not recognize that agreement and will treat the sexual encounter as non-consensual.

Whether the D.A. will win a conviction is another matter, but if you have been charged you need a defense attorney immediately.

Re: rape

Duh. Minors can not consent, thus it is always 'non-consentual' by definition of law. Willing participation between similar aged minors is usually not prosecuted; adults having sex with minors will usually be prosecuted. The minor's parents could also sue the perp. If you need legal help in this, contact me.