Being accused of rape is a traumatizing experience. If you or someone in your family are facing a rape charge, you need legal help immediately. Rape is considered in Los Angeles, and carries up to a year in jail or many years in prison if convicted. Convicted sex offenders are also placed on a list and must disclose their conviction to the public in the community where they live. Don’t let a sexual assault charge haunt you for life—talk to a Los Angeles sexual assault lawyer.
Simmrin Law Group can help you. We founded our law firm with only one goal: taking the side of the accused and helping you move on with your life. We know how even the accusation of sexual assault can change a person’s life and we want to help you fight it. No matter how serious your situation is, it may be possible to win your case. We have the experience and knowledge to help you beat the charge or get it downgraded to a much less serious offense.
Let us give you a FREE consultation. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.
What counts as “rape” in Los Angeles?
California recognizes several different types of sex crimes which can all be called “sexual assault” or “sexual abuse.” However, when the term rape is used, it usually means you were charged under California Penal Code Section 261. This charge is defined as nonconsensual sexual intercourse achieved either by force, threats, or fraud with someone who is not the spouse of the alleged perpetrator.
This can mean several different kinds of sexual assault:
Being physically forced
Being threatened with physical force
Being blackmailed into sex
Being drugged
Being taken advantage of while asleep, unconscious, intoxicated, etc.
While the circumstances around each of these acts could be very different, all of them count as rape in Los Angeles.
Similarly, not all cases of rape involve full, traditional sexual intercourse. Oral sex or some other sex acts could also be charged as rape if they meet the definition above.
What if the person actually consented, or I thought I had their consent?
These are common and confusing situations. Many people are shocked when they are charged with rape because they thought the act was consensual. This can be especially complicated in cases where both you and the other party were drinking, or where you are in a relationship of some kind. However, just because you are accused does not mean you will be convicted.
Remember that the prosecution has to prove all parts of the definition above—including that the act was nonconsensual. They have to prove that:
The other person never consented and you had no reason to believe they consented
You used either force, threats, fraud or some kind of trick to get the person to engage in the sex act with you
If they cannot prove either of these things, you cannot be convicted. This is where many alleged sexual assault cases come down to a “he said, she said” situation—and that is hearsay, not evidence in court. In other words, you cannot be convicted of rape purely because the victim claims there was no consent.
How does the prosecution prove that there was no consent?
It’s difficult. Generally, the prosecution can only prove the lack of consent in certain types of cases, including:
The victim suffered physical injuries indicating that they were forced,
There are records of threats, such as text messages,
A date rape drug was found on you or in the victim’s system,
Someone else witnessed the act, or
You admitted that you forced the other person
If none of these applies to your case, it means you have a very strong defense and there is a good chance that a lawyer can help you win your case. Even if one or more of these does apply, however, it does not mean you cannot win—but it does mean you need legal help immediately.
What are the penalties for rape in Los Angeles?
If you are convicted of rape under California Penal Code 261, you will face:
Felony conviction status
Up to 1 year in county jail, or
Up to 3, 5 or 8 years in state prison
Additionally, you will have to register as a sex offender. If you fail to do so, you can be charged with an additional felony crime.
Those are the standard penalties in a basic rape case. However, there are circumstances where the penalties can be much more severe:
3-5 additional years in prison and up to $10,000 in fines if the victim sustained serious injuries
7, 9 or 11 years of prison if the victim is under 18 years of age
9, 11 or 13 years of prison if the victim is under 14 years of age
Additionally, some of these convictions will count as a “strike” under California’s Three Strikes Law.
Talk to a Los Angeles Sexual Assault Attorney for Free
Don’t risk years in prison and a lifetime as a branded sex offender. We can help you. At the Simmrin Law Group, we know how to win sexual assault cases—and we defend every client like it’s our own family member facing the charges. Let us give you a free consultation and advise you on your case. It’s up to you whether you decide to work with us or not. Fill out the form to the right or call us at 310-997-4688 and get your free consultation today.