Under California Penal Code 261 PC, rape is defined as having sexual intercourse with another person without having that person's consent. In other words, rape is forced sex against another individual whereby an individual's penis enters the vagina of another individual against that individual's will.
Providing consent would block any rape charge unless the person who consents is under 18.
Are There Different Classifications Of Rape Charges Under California Law?
In California, there are many crimes related to the actions considered rape. Although there are no degrees of rape, enhancements can lead to longer prison sentences.
What Can I Do If I Have Been Accused Of Rape In LA County But Haven't Yet Been Arrested?
When someone is being investigated as a suspect in a rape case, the police will gather as much information about them as possible. They will make a pretext phone call, which means that they will have the alleged victim call the suspect and ask questions that might elicit a statement that could be used against them.
If someone has been accused of rape in LA County, they should immediately obtain a lawyer. If someone retains my services, I will act as a buffer in the pre-filing stage and advise them throughout the investigation.
Often the police will use scare tactics and threats to get people to make incriminating statements, which are one of the strongest forms of evidence in rape and sexual offense cases.
Many people make incriminating statements while trying to talk their way out of a situation or demonstrate their innocence. Matters are made worse because words can be twisted or taken out of context by the police. An individual's best option is to avoid making any statements to the police until they have an attorney present.
What Should I Do If I Have Been Arrested And Charged With Rape?
If an individual has been arrested and charged with rape, they should immediately contact an attorney. When I meet with clients, I answer all of their questions and ensure that they completely understand what is going on when they leave my office.
When an attorney works on a case from the beginning, they will be able to build a more robust defense early on, provide the defendant with peace of mind in knowing that they can assert some control over the situation, and potentially help a defendant avoid some of the harshest punishments that accompany rape charges, such as prison time and lifetime sex offender registration.
If A Sexual Assault Took Place In My Presence But I Did Not Participate, Can I Still Be Charged With Rape?
Being in the presence of a crime is not a crime in and of itself; an individual would have to help plan, carry out, or participate in the crime to be charged with the crime.
What Potential Penalties Can Someone Face When Convicted Of Rape?
Rape convictions are treated very seriously, and prosecutors usually try to put perpetrators in prison for as long as possible rather than place them on probation.
However, there are circumstances under which a person who has been convicted of rape will be sentenced to a period of probation. Among many punishments, an individual who has been convicted of rape will be required to register as a sex offender for the rest of their life and attend sexual offender classes.
The punishments aim to deter people from committing rape-related offenses in the future and protect the public.
If I Have Been Arrested For Rape, Will I Be Able To Bond Out Of Jail?
An individual who has been arrested for rape will usually be able to bond out of jail for anywhere from $50,000 to $100,000. If multiple victims or specific allegations are involved, then the bail might be set for a higher amount.
For an individual to evaluate their bail, they should discuss the facts and circumstances of their case with a criminal defense attorney. The attorney will be able to give them a better idea of what to expect and may argue for a lower amount of bail.
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