Rape in California under the Belief that the Accused is the Alleged Victim's Spouse

In California, rape is defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator (California Penal Code Section 261(a)). Rape can be accomplished in a number of different ways. Penal Code Section 261(a) lists the different circumstances under which a rape charge can come about. One way rape charges can come about is when the perpetrator has sex with a person who believes that he or she is married to the perpetrator.

Section 261(a)(5) states that rape can occur where a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. This charge can also arise when the alleged victim is under the influence of alcohol. The prosecution must prove beyond a reasonable doubt that the defendant actually had the intent to induce the belief that the alleged victim was his or her spouse.

Cases like this must be defended aggressively. If you are convicted of rape, the consequences could be immense. You will likely have to register as a sex offender. You could face up to eight years in prison and a fine. For these reasons, it is important that you hire an experienced sex crimes lawyer to defend your rights. Our attorneys have over 40 years of experience and have the skills and expertise to provide you with the best possible defense. If you or a loved one has been accused of rape, contact an experienced attorney at Wallin & Klarich immediately. Our experienced defense attorneys can be reached by phone at 1-888-280-6839. We will be there when you call.