There are many serious sex crimes on the books in California. California Penal Code Section 261: Rape is one of the most severe sex crime charges an individual can face. Individuals accused of rape can face high fines and a lengthy period of incarceration.
You can learn more about California’s laws on rape from the Simmrin Law Group. Learn about penalties and the possible defenses that can be used to beat rape charges right here. It is in your best interest to speak with a criminal defense lawyer in California as soon as possible when facing rape charges.
Rape: the Legal Definition
Individuals can be charged with rape if they force another person into non-consensual sexual intercourse. In California, any genitalia or vagina penetration can be considered sexual intercourse.
Individuals can be forced into non-consensual intercourse through violence, threats, or blackmail. The court system in Los Angeles also considers it rape if someone has intercourse with a person who is:
- Drugged
- Asleep
- Unconscious
- Intoxicated
Technically, individuals cannot be charged under PC 261 for forcing non-consensual sex on their spouse. However, they can face prosecution under California Penal Code Section 262, leading to the same penalties. Individuals who engage in sexual abuse that does not meet the definition of rape could instead be charged with a wide range of other crimes, including:
- California Penal Code §243.4: Sexual Battery
- California Penal Code §261.5: Statutory Rape
- California Penal Code §647(a): Lewd Conduct
- California Penal Code §647(b): Prostitution
For a free legal consultation with a rape lawyer serving California, call (310) 928-9347
Rape: Examples
The following actions could result in rape charges in California:
- A man follows a woman home from work and forces his way into her home. He uses physical force to hold her down and forces her into a non-consensual sex act. He could be prosecuted and convicted under PC 261.
- A man finds an unconscious woman at a party. She looks like she passed out after having a few drinks. He decides that he will have non-consensual intercourse with her while she is unconscious. He could be charged with rape.
- A woman is called into her boss’s office. He tells her he will fire her if she does not have sex with him. She does not want to, but she needs her job. He could face charges of rape for threatening her into non-consensual sex.
Rape is a serious felony crime that comes with up to at least eight years in prison if convicted. A California criminal defense lawyer from the Simmrin Law Group can investigate your case, obtain the police report, speak to witnesses, and build a strong defense to the charges on your behalf. Call our office today to schedule an appointment.
California Rape Lawyer Near Me (310) 928-9347
Rape: Penalties for a Conviction
Individuals will face felony charges if they are accused of rape in California. The penalties for a conviction under PC 261 can include jail time of up to 1 year or prison time of up to 8 years. Individuals convicted of rape must join California’s sex offender registry or face charges for failure to register as a sex offender.
Individuals must keep their sex offender registration up to date to avoid criminal charges. Note that these are only the basic penalties for a rape conviction. Individuals may face more severe repercussions if:
- The victim was seriously injured – Serious injuries to a victim can lead to fines of up to $10,000. An individual could also face five more years in prison for causing serious injuries during a rape.
- The victim was under 18 – Raping a minor under 18 can lead to up to 11 years in prison.
- The victim was under 14 – Rape crimes against children younger than 14 can lead to 13 years in prison.
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Rape: Possible Legal Defenses
The severity of a rape charge makes it very important that individuals get professional help from a criminal defense lawyer in Los Angeles. Legal professionals may be able to build a defense if you have been accused of rape by arguing:
You Thought the Other Person Consented to the Sex Act
Rape involves the act of non-consensual sex. If an individual reasonably believes they have consented to perform a sex act, they should not be charged with rape. However, it can be very difficult to prove that someone gave consent if they say they did not.
You Were Falsely Accused of Rape
Some individuals claim they were raped when they were not. A criminal defense lawyer can work to use evidence to protect you if you are facing a false rape allegation. You must get professional help on your side right away.
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Rape: Getting Professional Help on Your Side
California uses California Penal Code §261: Rape to prosecute individuals who force others into non-consensual sex. You can get help fighting this charge by contacting the Simmrin Law Group today for a free consultation.
You can reach us by filling out our online contact form or calling our office today. The crime of rape is a serious one. Do not let your rights be trampled on, especially when you can work with an experienced California criminal defense lawyer.
Call or text (310) 928-9347 or complete a Free Case Evaluation form