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Are You Looking to Hire a Rape Lawyer?
Being accused of rape is a serious matter that requires the help of an experienced California rape defense attorney. If you are charged with rape under California Penal Code 261, 262, 266, or 289, you can potentially be facing a felony state prison sentence, a hefty fine, and registration as a sex offender. However, just because you are charged with a crime that has potentially devastating consequences does not mean you will be found guilty.
The rape attorneys at Wallin & Klarich have over 40 years of experience defending those charged with rape and are readily available to assist you with your case.
Read below for more information on rape laws or simply pick up the phone and call (619) 404-2464 for free, immediate advice from an expert California rape lawyer.
California Rape Laws – Elements Under Penal Code 261
Generally speaking, under California Penal Code 261, rape is any nonconsensual sexual intercourse accompanied by means of threat, force, or fraud.
- Consent is defined as cooperation in action or attitude out of one’s own free will (i.e., they freely agree to it).
- Sexual intercourse is defined in California as any penetrative act – however slight – that is sexual in nature. Even sexual penetration with foreign objects can satisfy this requirement.
More specifically, under California Penal Code 261, rape is defined as:
- An act of sexual intercourse;
- Accomplished with a person not a spouse of the accused;
- Under one of these circumstances:
- Where the victim is either mentally, developmentally, or physically disabled, the law may consider these people unable to consent;
- Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another;
- Where a person is prevented from resisting because they are too intoxicated, and the accused should have reasonably know of this intoxication;
- Where a person was “unconscious of the nature of the act,” which means incapable of resisting because:
- They were asleep, or;
- They did not know or perceive that the act occurred;
- The accused fraudulently misrepresented the act as a part of a professional service when in fact it was not a part of a professional service;
- Where a person does not know the identity of the accused at the time of submitting to the sexual activity because they were deceived to believe the person they were consenting to having sex with is one person, but through trick or deceit they had sex with another person;
- Where a person is threatened with retaliation in the form of kidnapping, false imprisonment, or harm to one’s person or the person of another if they do not have sexual intercourse;
Rape by Means of Threat under PC 261
Rape by Means of Threat under PC 261Under California rape laws, threats are generally statements that promise some sort of retaliation if the victim does not comply with the order. A threat could be used in a rape case if, for example, you tell the victim that you will steal her money if she refuses to have sex with you. Or another example would be when the non-marital father of a child threatens the mother to kidnap the child if the mother does not have sex with him
Rape By Fraud in California under PC 261
Under California rape laws, fraud is a knowing false representation of the truth or concealment of an important fact in order to cause another to act to his or her own disadvantage. Fraud can be used to cause someone to have sex with you through actions such as using a position of power over the accuser and stating that the sexual act is necessary for professional reasons.
Rape By Force under California PC 261
Force is defined as power, violence, or pressure directed against a person or thing. If the victim tells you that she does not wish to engage in intercourse and you restrain her physically in order to engage in the sexual act, then such a situation would constitute force under PC 261. Additionally, if one threatens to use force against someone unless that person has sex with them, if the threat of force is reasonably understood, then this would be prosecuted as a rape.
California Rape Prosecution under PC 261
Under California Penal Code 261, rape is vigorously prosecuted in the state of California. In California, the crime of rape is covered by multiple statutes to address different types of activity that constitute non-consensual sexual intercourse. In order to convict you of rape under California Penal Code 261, the prosecutor must prove the following elements beyond a reasonable doubt:
- That you had sexual intercourse with the victim;
- At the time of the sexual act, you and your accuser were not married;
- Your accuser did not consent to the sexual intercourse; and
- The act was accomplished by you using threats, force, or fraud to induce your accuser into engaging in sexual intercourse.
Although the burden of proof on the prosecution in a rape case seems heavy, you can still be convicted of rape based solely on the testimony of the alleged victim. What this means is that if it is the alleged victim’s word against yours and the jury believes the testimony of the alleged victim beyond a reasonable doubt, then you can be found guilty of rape. There does not have to be any medical evidence to be convicted. There also does not have to be any other witness testimony to support the alleged victim’s claim of rape.
The law states that “the testimony of one witness, if believed, is sufficient to establish any fact.” This is why you need to immediately retain the experienced rape defense lawyers at Wallin & Klarich if you find yourself facing rape charges.
Defenses to a Rape Charge in California under PC 261
Rape charges can be difficult to defend. Fortunately, there are many defense strategies an experienced rape defense attorney can utilize to help you win your case. For instance, in cases where the accuser claims that he or she was drunk and could not consent due to their intoxication, we have been successful in the defense of our clients facing rape charges by raising the following defense:
- The accuser was intoxicated at the time of the alleged sex act and cannot accurately recall events that led up to the intercourse.
- No intercourse occurred between our client and the alleged victim.
- The alleged victim consented to the act of intercourse.
- Another person (other than our client) engaged in an act of intercourse with the alleged victim.
The jury must find you guilty beyond a reasonable doubt in a rape case. We are experienced trial lawyers. If we cannot have the case dismissed prior to trial, then we have successfully raised all of the above defenses in prior rape cases that have led to our clients being found not guilty at trial.
Sentencing and Punishment for Rape under PC 261
Rape is a violent crime, and a conviction for rape is devastating. If you are found guilty or plead guilty to a rape charge, you must attend a formal sentencing hearing. At the sentencing hearing, the court will decide whether to sentence you to 3, 6, or 8 years in state prison. In addition, you will be required to register as a sex offender per California Penal Code 290. This is a lifelong registration requirement.
If the victim was a minor, then you will be facing a sentence between 7 and 13 years in state prison. If you are charged with raping your spouse or someone who lives with you, then you can also be charged with Corporal Injury on a Spouse or Cohabitant under California Penal Code 273.5 and can face an additional prison sentence of up to 4 additional years in state prison or one year in county jail, depending on whether or not it is charged as a felony or misdemeanor, as well as a fine of as much as $6,000.
How Can Our Lawyers Help You Today?
Being accused of rape is one of the worst things that can happen to a person. You need the help of an experienced attorney if you are charged under one of California’s rape laws. At the Law Offices of Wallin & Klarich, we have over 40 years of experience defending our clients against accusations of rape. When you hire us, we will be committed to fighting for your rights from the moment we take on your defense.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.
Call us today for a free phone consultation at (877) 4-NO-JAIL or (619) 404-2464. Also, feel free to visit our Sex Crimes Website for further information. We will get through this together.
