Rape Defense Attorney
If you’ve been charged with rape, you need to hire an experienced rape defense attorney to represent you and safeguard your rights. Merely being accused of forcible rape causes everyone to automatically assume that the individual charged with rape actually committed the crime. This includes law enforcement, judges, employers, and peers.
So, if you were charged with rape or you’re being investigated for committing rape, you should immediately contact the rape defense attorneys at The H Law Group. Our attorneys have the experience and knowledge to best defend you in court and throughout the legal process. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
What Does Rape Mean in California?
For the prosecution to prove that an individual is guilty of rape, it must show that a person had sexual intercourse with another person without the other party’s consent. Many believe that for an individual to commit rape, he must physically force someone to have sex with; however, rape is easier to prove in some cases. For example, if you have sex with a girl who’s drunk, you may be convicted of rape because she could not have consented to sex since she intoxicated.
The same goes when an individual threatens another individual to have sex with him, even if the other person agrees, the consent may have been forced. Being convicted of forcible rape is one of the worst things that can ever happen to a person. As such, if you’ve been charged with rape, you should immediately contact the best rape defense attorney at The H Law Group. Our attorneys have experience defending those charged with rape, and they’ll guide through the criminal process to achieve the best possible outcome for you.
We will try to have the charges against you dismissed, however, this depends on the facts of your particular case. If we are not able to dismiss the case against you, we will try to negotiate a favorable plea deal for you. For the best possible outcome on your case, you should contact a criminal defense attorney who has experience defending those who are charged with rape.
Penalty for the Crime of Rape in California
Violating Section 261 or committing rape is a felony offense in the State of California. Rape is punishable by up to eight years in California State Prison. If there are aggravating circumstances such as great bodily during the commission of the crime, additional prison time can be added to the defendant’s sentence. The same applies if the victim was under the age of 18 and the age of 14. Also, a person who is convicted of rape may be placed on formal probation upon release from prison. Those who are convicted of rape must also register as a sex offender for the rest of their lives. As such, if you are charged with rape, do not take things lightly, you should immediately hire an experienced rape defense lawyer to defend you throughout the legal process to lessen the punishment against you.
Rape Under California Penal Code Section 261
For the prosecution to prove rape under CPC 261, it must prove the following:
- The defendant had sexual intercourse with a woman or a man,
- The defendant was not married to the victim,
- The alleged victim did not consent to have sex,
- The defendant used
- Fear of bodily injury to the victim or someone else
- A threat by a public officer to use his authority to arrest, imprison, or deport a person
For the prosecution to prove the crime of rape, it must show that the defendant penetrated another person’s Vagin or genitalia, no matter how slight, with his penis. Also, for the prosecution to prevail, it must show that the alleged victim did not consent to have sexual intercourse, and even if the alleged victim initially consented, you may still be convicted of rape if the alleged victim withdrew her consent during sexual intercourse, and you continued the act. In this situation, to prevail, the prosecution must show that the victim withdrew her consent, and communicated her withdrawal to the defendant in a manner that would reasonably be understood by the defendant as her withdrawing her consent. For example, if you’re having sex with your girlfriend, and while the two of you are having sex, your girlfriend asks you to stop and you don’t stop, you may be convicted of forcible rape in the State of California.
Defense to Rape
If the facts of your case support this argument, your attorney may argue that the alleged rape victim consented to have sexual intercourse with you. This argument is a tricky one to make and opens up a window for differing interpretations.
In some situations, attorneys have successfully argued that an alleged victim falsely accused an individual only to get the defendant in trouble even though nothing between the two persons ever happened. This often happens when a person has an angry, jealous, or vengeful partner. In rape cases, most of the case relies on the testimony of the rape victim, and sometimes the testimony of the defendant.
No Sexual Intercourse
If the prosecution wants to prove that the defendant raped the alleged victim, the prosecution must show that the parties engaged in sexual intercourse, this allows your lawyer to argue, if supported by the facts, that although the defendant and the alleged victim engaged in certain acts, they did not engage in sexual intercourse.
Penetration with a Foreign Object CPC Section 289
If the object used to penetrate the victim was something other than a penis, the prosecution can still prove rape or forcible penetration under Section 289. To prove rape under Section 289, the prosecution must show the following:
- The defendant performed an act of sexual penetration,
- With another person,
- The defendant accomplished the penetration with a foreign object,
- The defendant did so without the other person’s consent,
- The defendant committed the offense through the use of force or violence
For example, if the defendant ties down a woman against her will and then inserts his finger into her vagina, the man can be charged with rape under section 289.
Rape Defense Lawyer
If you or a loved one has been charged with rape, you should immediately contact the rape defense lawyer at The H Law Group. Our criminal defense lawyers are here to assist you throughout the criminal process. Obtaining an attorney at the outset of rape charges being brought against you is very important and required to achieve the best possible outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.