Rape Laws in California – Penal Code 261
LEARN THE DEFENSES TO A RAPE CHARGE
Over the course of the past 25 years I have successfully defended and negotiated many rape related offenses. When you talk about the type of defenses to rape charges, the first place you should start is with the facts of the particular allegations themselves.
One of the ripe areas I typically see in rape cases relates to the alleged victim and whether they have an ax to grind against the particular defendant. It could be that they are a jilted lover, or that they did something consensual, but later their boyfriend or husband found out about it.
Now they have to cover their tracks by claiming rape, and I have also seem someone get very intoxicated and when they wake up they try and claim rape when they do not even remember all of the details of what happened.
I have learned that when it comes to rape charges in Los Angeles, everything is usually not what meets the eyes and the truth can lie somewhere in the middle or even be manipulated by the alleged victim for their own purposes.
For example, when there is a divorce case going on or a child custody issue, I see fake charges being trumped up all the time to try and get the other party at a disadvantage and win what the person wants.
It is always amazing to me that people will make up such serious charges so they can win money or punish the other person for some perceived wrong. This is where the best sex crime defense attorney must do everything they can to protect the innocent.
Fortunately, the police that investigate sex crimes and rape charges in particular know that some alleged victims are unscrupulous and will make up charges to suit their own purposes and take advantage of the other side.
It is crucial that you have an attorney working on your rape case who has had success and who knows how to deal with the authorities who investigate these cases and also the alleged victims on cross examination to make sure the truth comes out and you are vindicated if that is what should happen.
Rape or sexual assault is a very serious crime to be charged with and has life changing consequences such as lengthy prison sentences, lifetime sex offender registration as required by PC 290, loss of job, loss of relationships, and harm to your reputation. With all of these stakes on the line you attorney must be the best if you want the achieve the best results.
How to Fight Rape or Sexual Assault Allegations
Sexual Assault is considered any unwanted sexual contact forced upon a victim. Sexual assault includes acts such as groping, molesting, touching, attempted rape, assault and battery, and rape.
Rape is defined by Penal Code 261 PC as sexual penetration without consent. Rape is classified into different categories.
Forced rape, a felony, is when the act of sexual intercourse is done against a person's will where the victim was unable to give legal consent due to a physical or mental impairment, intoxication, drug influence; force, threat, or fear of immediate bodily injury was used; the victim was unconscious of the act or tricked into the act; or the victim or another person was threatened to be deported, incarcerated, or arrested if the victim did not consent to the intercourse and the victim reasonably believed that the suspect was some sort of public official.
One might think that you can not rape your own spouse but in California there is a crime referred to as spousal rape. Penal Code 262 PC defines spousal rape as a felony wherein one spouse rapes the other spouse by using force, violence, threats, or fear of immediate injury. Spousal rape also occurs when no consent is given by the other spouse due to the influence of alcohol or drugs or the spouse was unconscious at the time.
Statutory rape is governed by California Penal code section 261.5 and is defined as having sexual intercourse with a person under 18 years of age and in this case, consent is irrelevant. No ejaculation is necessary, just penetration no matter how slight.
The crime of statutory rape is charged as a misdemeanor if the age difference is 3 years or less. If the age difference is greater than 3 years then the crime may be charged as a misdemeanor or a felony. the difference between statutory rape and the other rape categories is that a conviction of statutory rape does not require lifetime sex offender registration but may result in jail time of up to 3 years.
The fourth rape category is rape in concert and is defined as the crime of voluntarily aiding and assisting another person to commit rape.
Sexual Assault Defense Lawyer in Los Angeles
The consequences of sexual assault crimes include penalties such as jail or prison, fines, lifetime sex offender registration required by California Penal code section 290, probation, community service, counseling. Whether the crime will be charged as a misdemeanor or felony is within the prosecutor's discretion and as Defense Attorneys we will try to minimize the charges as much as possible.
Some of the defenses we may be able to use on your behalf are consent, mistaken identity, lack of credibility. When you hire us, as your advocate, we will thoroughly investigate your charges and build a strong and persuasive defense. Call us and we will discuss everything further in detail during your free face to face consultation.
August 2015 – Not Guilty Verdict in Attempted Rape Case
Los Angeles Downtown Criminal Courthouse – My client was charged with attempted rape and facing 20 years in prison. Following a two week jury trial, he was found not guilty and released shortly thereafter. He was alleged to have tried to rape his brother's girlfriend. However, once all the evidence was brought to light, it was clear that the alleged victim had stolen money from my client and when he confronted her and threatened to call the police on her, she cried rape. Unfortunately, there is such a stigma associated with rape, that even innocent people have to hire an attorney to defend themselves. Fortunately for my client we were able to convince the jury of his innocence!