What is Required for Kidnapping for Purposes of Rape Under California Penal Code 209(b) PC?
This is a very serious crime. If somebody is convicted of Penal Code 209(b) PC aggravated kidnapping for purposes of rape, they are going to be facing a life sentence in Los Angeles county.
Aggravated kidnapping is the more serious charge of regular kidnapping defined under California Penal Code 207 PC. So, obviously, if you or a loved one is charged with this:
- you want to know what the defenses are,
- what the prosecutors have to prove, and
- what the likelihood is that you are actually going to be convicted.
Penal Code 209 PC aggravated kidnapping is one of the most serious crimes in California. No one wants to spend a lifetime in prison, and a lot of times there's defenses to these cases.
What Must a Prosecutor Prove for a PC 209(b) Conviction?
There's a whole slew of elements (CALCRIM 1203) that the prosecutors have to prove in these cases, but probably the biggest one is that whatever is happening:
- if there is some sort of movement which is required of the alleged victim;
- where the person is being moved from one location to another;
- it has to be that the movement is above and beyond the actual rape that is purportedly taking place.
In other words, someone has to be grabbed, moved and the reason they're moving that person is because they're going to try to rape them in a different location and then you rape them.
That's going to be kidnapping for rape. So, that is the scenario right there.
Overzealous Prosecutors in Rape Cases
Of course, what ends up happening is, there's a whole bunch of different circumstances that occur that are not that mold. A lot of times prosecutors are trying to jam the situation into that mold.
Let's say for example, somebody consensually agrees to go into the car, make out with the other person, and then they decide to move to another location to continue so nobody can see them, and both parties are consensual, then a rape ends up occurring.
That's not kidnapping for rape either because when the person was moved, it was consensual.
Again, we need the scenario in order for the prosecutors to prove this very serious crime that the person is being moved for the purpose of committing some sort of a rape.
There are other elements that apply. What I have people do is, I have people come into my office. If you're being investigated for kidnapping for rape or you're being charged with it, we will go through what the elements are.
We will go through what the prosecutors or police officers are claiming you did, and then we're going to match that up to what the prosecutors will have to prove in a trial.
Plea Bargain vs. Going to Trial
The reason we look at a trial is because that's really the ultimate test when you're thinking about whether or not you're going to work out some sort of a plea bargain with
the prosecutors or whether you're going to go to trial.
The biggest question we need to answer is are you going to win?
If you're not going to win in a kidnapping for rape case, obviously you want to work out some sort of a resolution with the prosecutor because you're likely to get a lifetime sentence in prison.
If you're innocent and it was consensual, obviously you're going to take that case to trial.
But there are those cases of kidnapping for purposes of rape in Los Angeles where it's not really clear what happened.
It's mirky about whether or not it really is a kidnapping for rape versus just a rape case or versus a not guilty plea because the other person was consensual in relation to what happened.
Defenses for Kidnapping for Rape Charges
Maybe they were drunk or intoxicated with some other substance and then all of sudden they snap-to and somehow they think you've taken advantage of them, when you really did not take advantage of them.
That's a situation where you're really go to need a great defense attorney by your side.
So, if you need help, if you're being charged with this very serious crime of kidnapping for purposes of rape,
- Penal Code Section 209 – aggravated kidnapping;
- Penal Code Section 261 – rape.
These are the main sections for rape and kidnapping, pick up the phone. Ask to speak to Ron Hedding. I've been doing this for over 27 years as a criminal defense attorney.
I've had a lot of success defending people just like you. Ask for a meeting. We'll go over everything and get the case moving in the right direction.
Hedding Law Firm is a top-ranked criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0979.