Review of the Penalties for a PC 261 Rape Conviction
You'd be surprised that the punishment for a California Penal Code 261 PC rape case can vary so widely. I've been doing this now 30 years and have handled many rape cases and I've seen prosecutors seek punishments from prison time to probation, believe it or not.
I've had cases where the client has gotten no time in jail. It really just depends on the circumstances of the alleged rape. It depends on the person's criminal record and if the person has a defense.
There are some cases where the defendant has a defense, such as it's their word against the alleged victim's word, and the prosecutors realize they can very easily lose the case.
In that circumstance, if they think they can lose but they still think the person is guilty of rape, they may well make a probationary offer.
On the other end of the spectrum are those cases where they're trying to seek prison time and long prison terms and that usually occurs in some sort of forcible rape situation, especially if the victim is young and the defendant is older.
I see a lot of prosecutors and judges trying to seek prison time, and of course, they're going to look at the defendant's criminal record.
If there's any sexual-related offenses in the past, you can bet your bottom dollar they're going to be seeking a prison sentence on a current rape charge.
Our California sex crime defense lawyers are providing a closer review below.
What is the Definition of Rape?
California Penal Code 261 PC defines the felony crime of rape as follows:
- “the act of sexual intercourse accomplished with a person not the spouse of the perpetrator without their consent.”
Put simply, rape is sexual intercourse with the absence of lawful consent which is required from both parties. Further, someone who initially gave consent to sexual intercourse can change their mind in the middle of having sex and withdraw consent.
Those differing ways in which perpetrators accomplish non-consensual sexual intercourse and Penal Code 261 has several forms of rape crime, such as:
- Rape by Force or Threat – Penal Code 261(a)(2) PC;
- Rape of the Mentally Disabled – Penal Code 261(a)(1) PC;
- Rape of One Incapable of Consent – Penal Code 261(a)(3) PC;
- Statutory Rape – Penal Code 261.5 PC;
- Rape by Fraud or Artifice – Penal Code 261(a)(5) PC;
What are the Penalties for a Rape Conviction?
The bottom line is, you really have to look at the facts and circumstances surrounding the case and whether or not the person has a defense.
Penal Code 264 PC lays out punishment for rape by a penalty of:
- three, six, or eight years in prison,
- felony probation.
The penalties will increase to seven, nine, or eleven years in prison for the rape of a minor age 14 or older, and to nine, eleven, or thirteen years for rape of a minor under the age of 14.
If the victim sustained a great bodily injury (GBI) during the commission of the crime, the penalty will include an additional 3 to 5 years in prison.
A defendant might be ordered to pay:
- up to $10,000 fine, and
- receive a “strike” under California's Three Strikes law, and
- register as a sex offender under Penal Code 290 PC.
That's another issue when it comes to punishment. There's probably about 5 to 6 factors that go to the judge, the prosecutor, and the defense attorney trying to figure out what a punishment should be in a particular rape case.
I've already mentioned a couple of them:
- the person's criminal record, and
- whether or not there's any serious force involved in the rape situation.
Factors that Determine Rape Penalties
There's a lot of rapes that occur where there really isn't any force -- for example, when they're claiming that the person is an unconscious person.
In other words, someone who is taking drinks and drugs and is passed out and the defendant takes advantage of that and rapes the person.
So, they're going to look at the force, the person's criminal record and they're also going to look at the circumstances:
- what happened?
- why did it happen?
- was it a date gone wrong where other people are drunk?
- do the people know each other?
Or, is it a situation where the perpetrator tracks the victim down, follows them and goes into their house and rapes them while they're asleep in their bed, which is obviously, a much more serious situation.
Did the parties know each other? That's another thing they're going to look at in assessing whether or not they're going to try to send somebody to prison
Just because you know the person, or even if it's your spouse or significant other, that doesn't mean you can rape them and force the in any way, and prosecutors and judges are looking to see what the circumstances are.
I can tell you right now, in Los Angeles, California, there's a lot of rape allegations going on. Some are valid, some are not valid.
But, I know there's a lot because it's a huge population and I've been doing this a long time so I see that this is probably one of the most charged sex crimes.
What California Crimes Are Related to Rape?
- Penal Code 243.4 PC - sexual battery;
- Penal Code 262 PC - spousal rape;
- Penal Code 289 PC - forcible penetration with foreign object;
- Penal Code 287 PC - oral copulation by force or fear;
- Penal Code 288a PC - oral copulation with a minor;
- Penal Code 220 PC - assault with intent to commit felony.
Defending Rape Allegations in California
So, if you're looking to try to avoid punishment, obviously, you're going to have to be able to be found not guilty of the rape charge, that's where a great criminal defense attorney comes in.
If you're looking to negotiate and try to keep out of prison or stay off of some sort of sex registration situation, then you still need a great criminal defense attorney to be able to negotiate that for you.
I meet with people all the time. What my protocol is, if you're charged with rape, we have you come in and we sit down in the privacy of my office.
I encourage you to be honest with me and let me know what happened -- the good, the bad and the ugly -- and we will discuss it and come up with a realistic game plan, based on my experience.
I have a pretty good complete feel for how these cases are prosecuted, what type of punishment judges are looking to dole out and what the best defense is.
Just because we say defense, that doesn't necessarily mean we're saying that the person is innocent. Sometimes people are innocent and need to go to trial and fight and win.
Other times, we're putting on a defense to mitigate things to lessen their sentence, to keep the person out of prison, to lessen the impact on their life.
So, if you or a loved one is charged with rape in Los Angeles, California, pick up the phone now. Make the call. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm offers a free case evaluation to review all the details of your case and to review the best legal options moving forward.