Rape

According to California Penal Code 261, rape occurs if an individual has sexual intercourse with someone else without their consent. The rape laws seek to criminalize sexual acts that take place without the consent of any of the parties involved. This crime falls under the broad category of sexual assault which attracts severe consequences.

It qualifies as rape if the defendant carried out the act of intercourse by threatening to cause bodily harm or death to the victim. This brings about fear, hence compelling the victim to take part in the act. The defendant may also use force to have sexual intercourse with the victim. Force mostly falls in place if the victim is unable to physically defend themselves from the perpetrator of the act. The defendant could also have used threats of official action on the victim either to deport, arrest or incarcerate the individual. This is mostly done by government officials who have the authority leading the other party to engage in the act with fear of the action that could be taken.

You can also get charged with rape if you had sexual intercourse with a person who has no capacity to consent to the act. This could be due to a physical or mental disability, unconsciousness or intoxication that may have made them unaware of the activity. Additionally, state laws severely punish individuals accused of raping minors. In such a scenario, the prosecutor doesn’t require to prove the use of violence as expected in most adult rape cases.

The severity of the penalties depends on the victim’s age and the age difference between the minor and the defendant. California state laws establish a different punishment for rape offenders if the age difference between the defendant and the victim is less than three years. For such cases, the crime is charged as a misdemeanor and attracts a penalty of one to three years in prison, depending on the defendant’s criminal history. If you are facing rape charges it is wise to seek the services of a competent attorney.

Date Rape

According to Penal Code 261 PC, California rape law, date rape is the non-consensual sexual intercourse between two people who were voluntarily spending time together or dating. Although it seems casual, date rape is prosecuted with the same magnitude as other rape charges. Some of the situations that could lead to date rape, and show lack of consent, include the involuntary intoxication. If someone provides drugs or alcohol to you secretly and makes you incapable to make a sound decision resulting in sexual intercourse, the individual is prosecuted for date rape. However, in some situations, even when the intoxication was voluntary, you could get charged of date rape.

Depending on the circumstances of each case the court will have to determine whether the defendant was aware that the victim was not unable to consent to the act due to intoxication. Even though you had previously engaged in sexual intercourse with the victim, consent is still required. This is because California rape laws require that every sexual activity happens with consent. In case the person you are dating is under eighteen years, you will be charged with rape. Even if she willingly participated in the act, it is considered a sexual offense since minors are considered to be incapable of giving legal consent to sexual acts.

If you are facing date rape with a minor it is very difficult to defend yourself and you may have to register as a sexual offender for twenty years. However, most date rape defendants will serve time in prison without a possibility of probation. That is why you need legal guidance if someone is accusing you or had an intention to accuse you of date rape. In case you are convicted pursuant to California Penal Code Section 261, you will face a felony conviction, formal probation of up to one year and three to eight years in the state prison. When the rape victim is a minor whose age exceeds fourteen years the prison time derived is between severe and eleven years.

On the other hand, if the victim is below fourteen years, the accused faces a jail term of up to thirteen years. If you are a victim of rape, you can sue the culprit for sexual assault. This helps you to not an only secure conviction but also get compensations that include payment for lost wages, medical bills and psychological counseling due to the trauma caused by the act.

It is unfortunate that in some cases your girlfriend may make false accusations against you due to personal issues like cheating or neglecting her. In such a situation, you should immediately contact a criminal lawyer, and avoid engaging in further conversations. It is wise to let your lawyer handle all legal matters to help you avoid making incriminating statements. Moreover, if you believe that you suffered date rape, contact the police and seek medical attention.

California (Penal Code 262 PC) Spousal Rape

Sometimes spousal rape may seem like an unlikely occurrence, but it is possible for one to rape their spouse. Under California laws, Penal Code 262 PC, marital or spousal rape occurs when one engages in sexual intercourse with their partner without their consent. This could be caused by threats, force, violence or inability to resist the act due to intoxication or unconsciousness. Under the Californian rape laws, spousal rape is treated in the same way as ordinary rape. Spousal rape falls under both the rape laws and domestic violence. Defendants facing spousal rape charges face the consequences of multiple criminal offenses.

Under the California Spousal rape laws, for a prosecutor to prove guilt he must show some facts including;

• The defendant engaged in sexual intercourse with the alleged victim
• The alleged victim's participation in the intercourse was not consensual
• The defendant and the alleged victim were legally married at the time the rape took place
• Use of force, threats or violence during the accomplishment of the act

However, it is important to note that a victim’s request to the defendant to use birth control or a condom cannot be used as proof of consent of the victim to have sex. In most cases, especially when the victim doesn’t seek immediate medical attention, there lacks the physical evidence to prove the occurrence of the act. The defendant could try and defend themselves and deny the act. Moreover, most spousal rape acts take place in the couple’s home, thus there is little possibility that a third party witnessed the crime.

Spousal rape cases are very difficult to handle since the judge cannot convict someone without enough evidence of the crime. Since criminal conviction is treated separately from suing for damages, your spouse can still sue you for compensation even when you are found innocent for the spousal rape. This is because suing for compensation is a civil case and you are not required to establish beyond a reasonable doubt for the defendant to be held liable.

What are the Legal Penalties of Spousal Rape?

Penal Code 262 of California laws treats marital rape as a felony and the penalties may include

• Formal probation which applies to cases where the spousal carrying out the rape used force or did it to an unconscious or intoxicated partner.
• Three to Eight years in the California State Prison. The sentence could be increased by three or five years if you inflict a significant amount of injury on your spouse during the act. However, in the case where severe bodily injury is inflicted on the victim or the defendant is a repeat offender of sexual crimes, they will get a maximum of a life sentence.
• Hefty fines of up to $10,000 besides compensating the victim for the damages caused by the act
• A requirement to register as a sex offender for a lifetime. Under Penal Code 290 PC, failure to register as a sex offender after spousal rape is treated as a felony on its own. Besides under (Penal code 290) failure to register as a sex offender after conviction of marital rape is treated as a felony on its own.

In addition to the severe legal penalties of rape, one can be charged with extra related crimes that may carry heftier penalties. The additional offenses include:

(Penal Code 288a PC) Oral Copulation by Force

Like other rape cases, oral copulation by force occurs when an individual uses, threats, menace or violence to engage in oral sex with someone else. The law defines oral copulation as a slight contact between the mouth of an individual with the genitals or anus of another without consent from one party. The mouth must come into contact with the victim's genitals. However, actual penetration is not required to prove oral copulation by force. In this category though, kissing or pecking don’t qualify.

The act of oral copulation attracts similar penalties regardless of whether the defendant and the victim are married or not. In the case where you had non-consensual intercourse and oral sex with your spouse, you are charged with both spousal rape and forced oral copulation.

This offense is treated as a felony and it attracts a sentence of up to eight years in prison and an automatic registration as a sex offender regardless of the circumstances under which it happened.

Domestic Violence

This additional charge is applicable for defendants charged with marital rape. In most cases, sex denial for married people may lead to the aggression of the other party and in most cases leads to physical assault, that is punishable under the law. If the victim sustained corporal injuries that led to trauma, then you are charged with domestic violence on top of the spousal rape charges. However, if violence and force were used which could be evident if some marks were left on the victim’s body, you will get a misdemeanor charge of Penal code 243e1 PC domestic battery.

Sexual battery Penal Code 243.4

In situations where you get accused of touching another person’s breasts, buttocks or genitals with the aim of sexual arousal, abuse or sexual gratification, you will face sexual battery charges. This could be along the streets, public areas and most importantly in private. Sexual battery is a wobbler and is treated as either a misdemeanor or a felony depending on the circumstances of the case. If it involves a minor, then expect the charges to be heavier. Most defendants convicted for rape will face sexual battery charges because intercourse with a woman without her consent will in most cases involve battery.

Attempted Rape

Pursuant to penal code 663, attempted rape is a lighter rape offense. This is because it only involves an attempt to commit the crime but not necessarily giving rise to the actual offense. However, you will still face the consequences since attempted rape is enough proof of your intent to commit the crime. Several signs show the attempt of rape, you may have attempted to lock yourself inside a private area with the victim, made physical injuries on them in the process or any other sign as presented by the prosecutor.

In addition to this, you can be charged with assault with the intent to commit rape. This is because to get convicted of assault you don’t need to make physical contact with the victim. If you or your loved one is accused of rape engage a criminal attorney since this offense can worse to your criminal record due to the numerous charges that accompany it.

California sexual assault law treats rape defendants with no leniency and conviction of this crime can have lifetime consequences. Fortunately, there exist legal arguments that can help you fight the charges. They include:

Consent. In some situations, the alleged victim takes part in the sexual act willingly but later sues the defendant for rape on the pretense that they did not give consent. You can argue that the intercourse was done willingly by both parties and in case the alleged victim had changed their mind, they did not communicate or ask the defendant to stop the act.

If the alleged victim was not a minor you can use the mistake of fact as your defense. This is where you state the alleged victim’s behavior that led you to believe they consented to engage sexual intercourse with you.

Lack of Sufficient Evidence. For you to get convicted of rape, there must be sufficient evidence to show that you committed the act. Evidence that could be used in this case includes medical reports and witnesses. Some individuals may accuse you of rape with only their word of mouth with nothing to show .in these cases the individual accusing you may not have sufficient evidence to show that you committed the act. You can use this to try and get the charges against you to be dismissed. However, it is crucial to get represented by a competent lawyer to help you preset the defense.

False Allegations. This defense may be of great help to you especially if you are accused of spousal or date rape. Most relationships undergo hardships and tense moments. One partner may decide to accuse the other of marital rape as a result of ager, jealousy or to get financial gain from the compensations. If you are facing these charges your attorney will carry out investigations to determine the facts that could have led an individual to accuse you of raping them. In the case where you were going difficult moments, you can use this to disqualify the alleged victim’s claims and reduce your chances of getting unlawfully convicted.

Facing allegations of sex crimes could be an overwhelming experience. A conviction will not only take away your freedom but also ruin your reputation and affect your social life. If you are facing this charge, it is crucial to immediately contact a criminal lawyer, and the Los Angeles Criminal Lawyer is ready for your call. We will help you understand the law surrounding your case and represent you in court to help lessen or completely dismiss your charges if possible. If you or your loved one are battling rape charges in Los Angeles, CA, you need us in your corner. Contact our Los Angeles criminal defense lawyer today at 310-502-1314 and let us handle your case.