Statutory Rape Attorney in San Bernardino

Founding-Partner Defense for Penal Code Section 261.5 Allegations

A statutory rape allegation can begin with an investigator’s call, a request for an interview, or questions about messages, photographs, and social-media activity. The legal analysis often turns on precise facts: each person’s age when the alleged conduct occurred, the age difference between them, whether intercourse occurred, and what evidence law enforcement obtained.

Don’t explain the situation to investigators before receiving legal advice. At Bullard & Powell, APC., founding partners Jeffrey Bullard and Sarah Powell are directly involved from the beginning. We review the allegations and help clients understand each decision without handing the case to junior associates.

If you’re under investigation or facing a charge, call (909) 771-2304 to discuss the allegations with our defense attorneys.

What California’s Unlawful Sexual Intercourse Law Prohibits

California Penal Code section 261.5 uses the term unlawful sexual intercourse for sexual intercourse with a person under 18 who isn’t the accused person’s spouse. This offense is commonly called statutory rape. Under the statute, a minor is someone under 18, while an adult is someone 18 or older.

Unlike forcible rape, this charge doesn’t require proof of force, fear, or threats. The alleged minor’s willingness, consent, or initiation generally doesn’t defeat the allegation because California’s age of consent is 18. Consent is separate from disputed issues such as age, identity, whether intercourse occurred, and whether the evidence supports an actual and reasonable mistake about age.

How the Age Difference Can Affect the Charge

The parties’ ages and the difference between them can determine whether section 261.5 permits misdemeanor or felony prosecution. Those ages must be calculated as of the date of the alleged conduct, not when the investigation began.

California law separates these allegations into several categories:

• Within three years: When the minor is no more than three years older or younger than the accused, section 261.5(b) classifies the offense as a misdemeanor.
• More than three years younger: When the minor is more than three years younger than the accused, section 261.5(c) allows prosecution as either a misdemeanor or felony.
• Adult age 21 or older and minor under 16: Section 261.5(d) permits misdemeanor or felony prosecution. A felony conviction can carry a two-, three-, or four-year state-prison sentence.

The statute also authorizes potential civil penalties based on the parties’ ages and age difference. Any criminal sentence or other consequence depends on the charged subsection, the facts, the accused person’s record, and the outcome.

Evidence That Can Shape the Defense

We examine whether prosecutors can prove every required element beyond a reasonable doubt. That review shouldn’t begin with assumptions about what messages mean or whether an accusation accurately identifies the conduct at issue.

Important evidence and legal issues can include:

• Age records: Birth certificates, identification records, and dates tied to the alleged incident can establish each person’s precise age.
• Electronic communications: Texts, direct messages, social-media profiles, photographs, and age statements can provide context or expose inconsistencies.
• Identity and occurrence: Witness accounts, location information, and device records may show who was involved and whether intercourse occurred.
• Police interviews: Recordings, reports, and investigators’ notes can reveal what questions were asked and how statements were characterized.
• Reasonable mistake of age: California jury instructions recognize a potential defense when the accused actually and reasonably believed the other person was 18 or older. Its availability depends on the evidence.

The alleged conduct must also be identified precisely. Accusations involving force, threats, sexual touching, oral conduct, or other acts may fall under different statutes with different elements and potential penalties.

How a Criminal Case May Proceed in San Bernardino County

Representation may begin during a criminal investigation or after prosecutors file a complaint. Depending on the allegations and procedural stage, the process can involve arraignment, evidence review, negotiations, motions, a preliminary hearing in a felony case, and trial. The San Bernardino Superior Court Criminal Division handles both misdemeanor and felony matters.

We prepare every case as though it may proceed to trial, even when negotiations could resolve it outside the courtroom. We examine the charged statute, test the prosecution’s evidence, identify viable motions and defenses, and explain the consequences of a proposed plea before the client decides how to proceed.

Jeffrey Bullard and Sarah Powell remain directly involved from start to finish. We keep clients informed as court dates, evidence, and options develop, representing people throughout San Bernardino County and the Inland Empire, including Victorville, Apple Valley, and Redlands.

Partner-Level Criminal Defense From Start to Finish

We bring more than 30 years of combined legal experience and have helped hundreds of clients. Jeffrey Bullard has handled thousands of cases, while Sarah Powell holds an AV Preeminent rating from Martindale-Hubbell, its highest peer rating for legal ability and ethical standards.

We prioritize quality service over case volume. Our 5-star rating across more than 2,950 reviews reflects clients’ consistent praise for our communication, responsiveness, and respectful treatment during serious legal proceedings. You can reach our attorneys by call, text, or walk-in.

Understand Your Options Before Making Your Next Decision

If you’re facing a statutory rape investigation or charge in San Bernardino, contact us for a confidential discussion of the alleged conduct, age calculations, available evidence, and current court status. We can identify which legal issues require immediate attention and explain the options available to you.

Call (909) 771-2304 to speak with Bullard & Powell, APC. about your case.