Dublin, CA Rape Defense Lawyers
What Constitutes a Crime of Rape?
According to California Penal Code 261 PC, the crime of rape occurs when a person uses force, threats of force, or fraud to have non-consensual sexual intercourse with another person to whom they are not married. Note that consent refers to the other person’s free and voluntary agreement to the act while knowing the nature of the conduct.
Additionally, a person who initially consents to intercourse but change their mind during the act can be considered to no longer consent if:
- the alleged victim communicates they no longer consent (via words or actions);
- a reasonable person would have understood that the words or acts meant no consent; and
- the defendant forcibly continued the intercourse despite the objection.
Penal Code 261 lists certain people that are incapable of giving consent to sexual intercourse – someone too intoxicated to consent, someone with a mental disorder unable to consent, and an unconscious person. If the defendant is shown to have had sexual intercourse with such a person, they will likely be guilty of rape, and the consent defense will not be valid.
In summary, to convict a person of rape, the prosecution must prove the following:
- the defendant committed an act of sexual intercourse with another person;
- the parties were not married at the time;
- the other person did not consent to the sexual intercourse; and
- the accused accomplished the sexual act by means of force, violence, duress, menace, threatening bodily injury, retribution, or fraud.
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Rape Penalties and Enhanced Sentencing
Any offense of rape is a felony in California, and most convicted individuals will be required to register for life as a sex offender. The crime is typically punishable by up to 8 years in state prison and/or felony probation. A defendant could face an additional 3-5 years in prison if they alleged victim suffered great bodily injury during the incident.
In special situations, such as in the case of statutory rape, the penalties could increase due to the alleged victim’s age. More specifically, if the alleged victim was a minor under 18 years old, the defendant could face up to 11 years in prison; if the alleged victim was a minor under the age of 14 years old, the defendant could face up to 13 years in prison.
What is Statutory Rape?
There are several crimes related to rape, such as forcible oral copulation (Penal Code 287) and forcible penetration with a foreign object (PC 289). Statutory rape is also a serious rape-related crime that, under California Penal Code 261.5, occurs when a person engages in sexual intercourse with a minor under 18 years old. Be aware that statutory rape is a crime regardless of whether the sexual act was consensual or even initiated by the minor themselves.
Sexual battery is also a rape-related crime that refers to the unlawful touching of the intimate part of another person for the purposes of sexual gratification, arousal, or abuse.
Contact Thompson • Garcia Law, A Law Corporation for Legal Representation Today
At Thompson • Garcia Law, A Law Corporation, we have over 65 years of combined experience defending clients against harsh accusations in the criminal justice system. We have handled nearly every type of criminal case in between, and no case is too big for us. As a result, if you are facing charges as serious as rape, do not hesitate to reach out to our trial attorneys to discuss your defense options. We will help you strategize a unique defense and fight confidently for you in the courtroom.
If you have been charged with rape in California, the penalties could be serious, especially as you will likely be required to register as a sex offender and be labeled for life. To defend yourself against harsh and complex accusations of rape, do not hesitate to contact an experienced rape attorney immediately. At Thompson • Garcia Law, A Law Corporation, we have over 65 years of combined experience, and no case is too big for us. Let us strategize your rape defense today, whether that means arguing for mitigated charges or sentencing alternatives.
Schedule a free consultation with Thompson • Garcia Law, A Law Corporation online or at (510) 757-1878 to get started today.
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