Being accused of rape is a traumatizing experience, and a conviction can have lifelong impacts. If you or someone in your family is facing rape or sexual assault charges, you need legal help immediately. That’s where the Los Angeles criminal defense lawyer at Simmrin Law Group can help.
We are the Los Angeles sexual assault and rape defense lawyers you can rely on to handle your case. We are on your side throughout every step of the legal process, and we strive to defend your rights. Learn more about our criminal defense process and receive a free sexual assault and rape defense consultation.
What Qualifies As Rape in Los Angeles?
California Penal Code Section 261 defines rape as nonconsensual sexual intercourse achieved through force, threats, or fraud with someone who is not the spouse of the alleged perpetrator.
In Los Angeles, a person may force sexual relations through:
- Physical violence or strength
- Threats or blackmailing
- Sexual coercion
- Drugs
- Taking advantage of the victim while they are unconscious, intoxicated, or asleep
Not all cases of rape involve traditional sexual intercourse. Oral, anal, and other sex acts constitute rape as long as they meet the criteria listed above.
For a free legal consultation with a sexual assault and rape defense lawyer serving Los Angeles, call (310) 896-2723
Rape vs. Sexual Assault Charges
Rape and sexual assault are used interchangeably in conversations, but they have two different legal definitions. California penal codes describe sexual assault as a range of criminal sexual acts, including:
- Forcible sodomy
- Forcible penetration with a foreign object
- Unwanted sexual touching, kissing. and groping
- Incest
- Coerced sexual contact
- All forms of rape (including marital rape, date rape, and statutory rape)
Sexual assault is an umbrella term that includes rape. So, while rape is a type of sexual assault, not all sexual assaults involve rape.
Regardless of the type of allegations brought against you, our qualified sexual assault and rape defense lawyers in L.A. will review your case and take legal action to deny or minimize your sex crime charges. We believe you are innocent until proven guilty, and we are ready to fight for your justice.
Los Angeles Sexual Assault and Rape Defense Lawyer Near Me (310) 896-2723
What if the Person Consented to Sex?
Many people are shocked when they are charged with rape because they thought the act was consensual. This can be especially complicated when both parties were drinking or involved in a romantic relationship.
However, just because you are accused of rape does not mean you will receive a conviction. The prosecution has to prove that:
- The defendant used violence, threats, fraud, or some kind of trick to force sex onto the victim
- The victim did not consent to the sexual intercourse
- The defendant had no reason to believe there was consent
If the prosecuting team cannot prove these things, the defendant cannot be convicted. Unfortunately, this causes many sexual assault and rape cases to come to “he said, she said” situations. But with a well-versed rape defense lawyer in your corner, you can feel confident that we will protect your rights.
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How Does the Prosecution Prove Lack of Consent?
It is challenging for a prosecutor to prove a lack of consent in a rape or sexual assault claim, especially when there were no witnesses other than involved parties. Generally, the prosecution will need specific types of evidence to prove a sex crime, such as:
- The victim suffered physical injuries indicating forced sexual intercourse
- There are records of threats (such as text messages or voicemails)
- Evidence of date rape drugs on you or in the victim’s system
- You admit to forcing the victim into sex
If none of these applies to your case, it means you have a solid defense, and there is a good chance that our L.A. sexual assault and rape defense lawyers will win your case. In fact, consent is one of the strongest defenses in most rape cases.
However, if one or more of these does apply, it does not mean you cannot win. But it does mean you need legal guidance immediately, and the criminal defense attorneys at Simmrin Law Group will help.
The Law Also Recognizes When Giving Consent Isn’t Possible
You cannot defend yourself from some rape and sexual assault charges by claiming the other person gave consent. In these cases, California law has identified individuals and circumstances where giving consent is impossible.
For example, an unconscious person cannot give consent for sexual intercourse. Likewise, neither intoxicated people nor individuals under the age of consent can participate in consensual sexual activity. In these cases, it won’t help your case to argue consent.
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Penalties for Rape Charges in Los Angeles
If you are convicted of rape under California Penal Code 261, it is a felony conviction. Therefore, you will have to register as a Los Angeles sex offender. In addition, you may face one year in county jail or three to eight years in a California state prison.
However, there are circumstances where the penalties are more severe, and they include:
- Three to five additional years in prison and up to $10,000 in fines if the victim sustained critical injuries
- Seven to 11 years in prison if the victim is under 18 years of age
- Nine to 13 years in prison if the victim is under 14 years of age
Additionally, some convictions will count as a “strike” under California’s Three Strikes Law. This law applies to individuals convicted of three or more serious felony offenses. A person who receives their third “strike” under the law gets an automatic sentence of 25 years to life in prison, regardless of the statutory penalty for the offense.
In California, a Sexually Violent Predator (SVP) is a person convicted of a sexually violent offense, such as rape, and diagnosed with a mental disorder that makes them likely to reoffend. Our team will provide experienced legal guidance for individuals facing SVP designation.
Our L.A. Sex Crime Lawyers Defend Sexual Assault & Rape Allegations
The prospect of facing allegations of rape or sexual assault overwhelms many people. They often feel that the public presumes anyone accused of these crimes is guilty—regardless of the facts. In reality, these charges are often defensible. However, avoiding a conviction in a sexual assault or rape case requires a strong defense strategy. Our firm could help you identify the best plan for your case.
While it may feel like an uphill battle, there are defenses that will weaken the sexual assault and rape charges you face. They include:
- Innocence: We declare that you did not perform the sexual acts you are being accused of and provide an alibi defense to prove your innocence.
- Misidentification: We prove that the victim misidentified you as their sexual abuser or made false accusations due to an underlying motive.
- Consent: We do not deny your sexual relationships, but we assert that all sexual activity was 100% consensual.
- Insanity: We establish that a mental illness impaired or affected your ability to use moral judgment.
Our sexual assault and rape defense attorneys in Los Angeles will work tirelessly to protect your rights and minimize your penalties, using these strategies to have charges dropped against you, deliver an acquittal, or negotiate a favorable plea bargain. For example, our sex crime lawyers can advocate for a lesser offense to prevent you from having to register as a sex offender.
What to Seek in a Sexual Assault or Rape Defense Attorney
Rape and sexual assault cases are challenging to defend, so it is important to find a well-suited legal counsel to serve as your advocate. Here are some traits to look for.
Experience Defending Sexual Assault or Rape Charges
Relying on an experienced attorney is important, but not all experience is the same. Relevant experience is arguably the most critical factor when considering an attorney. Legal counsel that has practiced law for years is only helpful if they spend that time on similar cases. Thus, you could benefit from an attorney with extensive experience defending rape or sexual assault allegations.
Communication With Defendants
Communication skills are critical when it comes to hiring an attorney. The chances are good that these criminal charges represent the highest level of criminal jeopardy you have ever faced. Therefore, a communication breakdown is more than an inconvenience when facing sex crime charges. A lack of communication could hamper your defense and affect the outcome of your case.
Your attorney should provide clear guidance on how to contact them. The level of responsiveness from your legal counsel is important when you face serious criminal charges.
Referrals From Other Sexual Assault Defendants
There are countless ways to find an attorney, from paid advertisements to blog posts. However, you might find it helpful to seek referrals from individuals previously represented by a sexual assault and rape defense lawyer. These referrals could provide a clear picture of what it is like having them represent you.
Partner With Our Los Angeles Sexual Assault & Rape Defense Attorneys
Sexual assault and rape charges can impact the rest of your life, but the criminal defense lawyers at Simmrin Law Group are here to help. We will fight to defend you and prevent long-term consequences, like sex offender registration.
Trust our Los Angeles sex crime lawyers to take on your case. Contact us now for a free sexual assault and rape defense consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form