A rape in concert charge can result in high court fines. Individuals may have to pay restitution to victims as well. Prison time often results from a PC 264.1 conviction. Focus on your legal defenses to gang rape allegations by calling us right now at (310) 997-4688.
Focus on the Facts About Rape
Before we discuss rape in concert charges, it’s a good idea to consider the legal definition of rape in California. Rape occurs anytime a person engages in non-consensual sexual intercourse or by forcing intercourse through:
- Physical violence
- Threats of force
Additionally, individuals can face rape charges for engaging in intercourse with someone who cannot consent. Engaging in intercourse with someone who is unconscious, drugged, or drunk is considered rape in California. The court uses Penal Code 261 to handle basic rape charges.
Legal Definition of Rape in Concert in California
PC 264.1 is used to prosecute acts of gang rape in California. Gang rape is a specific kind of sexual assault. Individuals can face rape in concert charges if they are accused of:
- Carrying out a rape while assisted by someone else, or
- Helping someone else who is directly carrying out a rape
Multiple people can face rape in concert charges for the same illegal act. Anyone who acts as an accomplice during a rape can face gang rape charges. They do not have to actually engage in non-consensual intercourse with the victim to face these charges.
In fact, individuals can face rape in concert charges even if they aren’t physically present when the rape occurs. These charges apply when they:
- Knew someone planned to carry out a rape
- Intended to help the individual commit the rape
- Assisted or encouraged the rape in some way
A Los Angeles criminal defense lawyer can provide additional information about rape in concert charges. Reach out to us at (310) 997-4688 for more information.
Results of a Conviction for Rape in Concert in California
There are serious results for a gang rape conviction in California. A gang rape charge carries different penalties, depending on the age of the individual who was raped. However, all gang rape charges are considered felonies. Individuals can face:
- Up to nine years in prison for the gang rape of someone over 18
- Up to 11 years in prison for the gang rape of someone between 14 and 18 years old
- Up to 14 years in prison for the gang rape of someone under the age of 14
Note that individuals still face other penalties for the basic act of rape. This means individuals can face additional time in prison and thousands of dollars in fines and restitution payments to a victim after a conviction.
Rape in concert convictions require individuals to register as sex offenders. Failure to register as a sex offender is a crime in California. A Los Angeles criminal defense lawyer can help you get more familiar with the penalties for gang rape.
Defenses for Gang Rape Charges in California
You do not have to simply accept a gang rape accusation in California. You can work with a sex crimes lawyer to build a defense. A lawyer can assess your situation and work to show that:
- You did not intend to assist with an act of rape
- You withdrew your support of the rape
Withdrawing assistance during a gang rape can help you avoid a conviction. However, individuals must take certain steps to withdraw their help. They need to tell the others involved in the rape that they are not helping any longer. They can also try to prevent the rape from occurring. Also, this step must be taken relatively early in the commission of the crime.
Talk to a Lawyer About Rape in Concert Charges in California
Penal Code 264.1 charges are used to prosecute gang rape, or rape in concert, in California. The team at the Simmrin Law Group can assist you if you have been accused of a PC 264.1 violation. Find out how by contacting us for a free consultation at (310) 997-4688. You can also complete our online contact form.