California Rape Defense Attorney

Rape is one of the most serious offenses that one person can commit against another. In California, rape is considered a serious and violent felony sex offense  (potentially a strike”) and a conviction can lead to a lengthy prison sentence and the loss of other important rights. Even an unfounded allegation of rape can result in the loss of employment, a damaged reputation in the community, and a strain on family relationships. Rape cases involve many issues that often cause innocent people to be falsely accused of a crime with serious consequences. If you have been accused or charged with rape, it is extremely important to contact an experienced attorney as soon as possible.

Definitions and Types of Rape

Under California Penal Code 261, rape occurs when someone has sexual intercourse with another person that is against that person’s will, or without that person’s consent. Sexual intercourse against the victim’s will is accomplished by means of:

• force
• violence
• duress (coercing someone to engage in intercourse through a threat of some action against them, for example deportation or arrest),
• threat of harm to the victim or another person (bodily injury or death)
• fraud (victim is mislead into thinking that the person having sex with him/her was his/her spouse or partner or somebody different)

Resistance is not an element of rape because people react differently to traumatic events. “Against the victim’s will” means without consent. A person who consents does so freely and voluntarily with knowledge of the true nature of the sexual activity.

A rape may also occur when the victim is unable to give consent to the sexual intercourse. This can happen when the victim:

• is under the influence of alcohol or drugs and is unable to consent;
• has a mental or physical disability which precludes consent;
• is unconscious or asleep; or
• is a minor

There are also other rape-related crimes that fall under the umbrella of California rape law. These include:

Statutory rape: is a sexual act with a minor under the age of 18, whether the minor consented or not.  In California, anyone under 18 cannot, as a matter of law, cannot consent to sexual activity.  There is no requirement for a prosecutor to prove that force was used because the age of the parties is the only relevant factor. Criminal charges can arise out of an otherwise loving relationship. (also called “unlawful sexual intercourse with a minor.”)

Date rape: is a term that describes nonconsensual sexual intercourse between people who are dating or voluntarily spending time together. Date rape often occurs when one party is intoxicated and is unable to give consent. Intoxication might have occurred voluntarily (victim drinks too much) or involuntarily (victim is given a drug to render him or her unable to resist). Date rape accusations are sometimes the result of misunderstanding or even retribution. It is therefore essential to obtain immediate legal help if you are accused of date rape.

Spousal rape: occurs when one spouse forces the other spouse to have sex without his or her consent. Often times one spouse may falsely accuse the other of spousal rape for reasons of revenge, jealousy, or to gain an advantage in divorce or custody matters.

Penalties for Rape in California

The consequences of a rape conviction are severe. They can include:

• up to eight years in state prison (with additional state prison time if the victim suffered significant physical injury),
• a fine of up to $25,000
• mandatory or discretionary registration as a sex offender for life
• court ordered rehabilitation or sex offender counseling
• formal probation
• a possible strike on your record under California’s Three Strike’s Law

Other common charges which occur in rape cases include:

• Sodomy by force, fear, or threats
• Rape or penetration by a foreign object
• Oral sex by force, fear, or threats
• Child molestation (for minors under 14)
• Sexual battery
• Child abuse

California Rape Defense Attorney

Rape is a serious crime. Unfortunately, little or no evidence is needed to accuse someone of rape. A rape charge is often initiated out of anger, revenge, or some other emotionally- based reason.  This is why innocent people are sometimes falsely accused. If you have been accused or charged with rape, you need to contact our office immediately. There are effective defenses to this crime, such as false accusations, consent, mistaken identity, and insufficient evidence. Our skilled attorneys may even be able to disprove the allegations and have the charges dismissed.  The Law Offices of Karen L. Goldstein will aggressively fight to protect your rights.