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 27, 2024
What to Do if You’ve Been Arrested for a DUI in San Jose
Being arrested for a DUI in San Jose, CA, can have severe penalties, potentially resulting in jail time, losing your driver's license, and other serious consequences. Here's what to do if facing a DUI conviction after being accused of driving over the legal limit and how a California DUI lawyer can help you resolve your case with [...]
February 25, 2024
What Happens When You Get a DUI?
Getting a DUI (Driving Under the Influence) can be a stressful and life-changing event. It starts the moment a law enforcement officer suspects you've been drinking and driving. This can lead to being pulled over, undergoing a field sobriety test, and possibly being arrested. The consequences of a DUI arrest include legal action, potential jail [...]
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 […]