Orange County Criminal Defense Attorney Law Firm – (Sex Crimes) Rape
California law has a broad description of what constitutes a sex crime and rape is one of the crimes that take prominence. The consequences of rape conviction are astounding and will most likely affect your life forever. Conviction normally leads to lengthy periods behind bars and, even in the unlikely event that you avoid jail, your social and professional life might suffer irreparable damage. Fortunately, accusations or suspicions of rape do not always lead to such dire consequences as there are plenty of legal defenses. That is why you must urgently contact an Orange County Criminal Defense Attorney Law Firm whenever faced with rape or other sex crime charges.
Rape proceedings are very emotional affairs. This is especially the case when the alleged victim is physically challenged or is a weaker person compared to the accused. In such circumstances, it is easy to conclude that the crime was committed by a strong person who took advantage of a weaker one. These are the kinds of thoughts that are likely to cloud the judgment and without the services of an experienced and competent lawyer, the rights of the accused can never be guaranteed.
What Sexual Acts Does California Law Consider Rape?
Under California law, the sexual acts considered rape are covered under Penal Code 261. Perhaps what is most surprising about the definition of rape according to this statute is the departure it makes from the Common Law definition of the crime.
In Common Law, rape simply referred to non-consensual sex conducted by men against women with whom they were not married. It, therefore, follows that at Common Law only men could be found guilty of the crime. According to California law, however, women too are capable of rape and this could happen in circumstances where a man is forced to have sex with a woman usually under duress. If, for instance, a woman in a position of authority threatens to take any kind of adverse action against a man unless the man has sex with her, should the man then comply for fear of the possible consequences, the woman will have committed rape.
Another important fact worth clarification is the general assumption that rape only happens when a person overpowers a helpless person and forces him or her to have sex. According to California law, you could have committed the crime of rape even if you didn’t arm-twist or point a gun at a person to force them to have sex with you. Should you carry out any kind of sexual acts without the consent of the person with whom you are having sex, you’ll have committed rape.
So, to prove that the crime of rape was committed, what does the prosecution have to prove?
That There Was Sexual Intercourse
According to Penal Code 261 there can be no rape unless there was sexual intercourse. Sexual intercourse according to this statute will comprise all acts of penetrating the anus, vagina, or mouth of the victim. It does not matter how deep the penetration is or whether the accused ejaculated – the conviction will be sustained as long as there was any kind of penetration. Sexual intercourse will also be construed to have taken place regardless of whether the accused used their sex organs or some other object.
That the Sexual Intercourse was Non-Consensual
You’ll have committed the crime of rape when you have sexual intercourse with another person without his or her consent. Many factors could make sex non-consensual including having sex with a person who’s so inebriated that he or she is not even aware of the act. Sexual intercourse is also non-consensual when the victim is forced to participate through the use of threats or violence. If you obtained sex by either threatening to harm or even kill the individual or other people (such as parents, children, business associates, etc) you’ll have committed rape.
Sexual intercourse is also non-consensual when it is done with a mentally disabled person. Because of their mental condition, such individuals are generally assumed to be incapable of giving consent.
That the Consent was withdrawn
When faced with rape accusations, one of the strongest defenses that the accused could use is to provide evidence that the alleged victim consented to having sex – that he or she did so acting freely and was not forced to do so through coercion or threats. In some situations, however, what begins as consensual sex might become non-consensual later. This happens when the victim feels that he or she no longer wants to continue with the activity and communicates this to the sex partner. In such a situation, the consent that was originally given has been withdrawn, and should you continue with the activity you’ll be doing so without the other person’s permission in which case you’ll be committing rape.
That the Accused Committed Statutory Rape
While consent is a highly effective defense for a person facing rape accusation, it’ll count for nothing if the prosecution can prove that the accused has committed statutory rape. Under California law, a person will be deemed to have committed this crime when he or she has sexual intercourse with a minor – a person under the legal age of 18. At law, consent given by such persons is immaterial and if you proceeded to have sex with them you’ll be guilty of rape. The accused will still be guilty even when he or she can prove that it is the minor who was instrumental in initiating the sex.
That the Accused Is Guilty of Spousal Rape
Since section 261 of the California Penal Code refers to rape as non-consensual sexual intercourse between people who are not married, it might give the impression that you can never face rape charges as long as you are having sex with your spouse. Unfortunately, this is not the case and if you forced your unwilling spouse to have the sex you’ll be guilty of rape. Even when you do not obtain sex from your spouse through force or threats, you’ll still be guilty if it can be proved that you did so without your partner’s approval either because he or she was intoxicated or even asleep. The reasoning here is that the drunk or sleeping spouse could not have willingly given consent for you to have sexual intercourse.
Consequences of Rape Conviction
The consequences of a rape conviction in California are dire, far-reaching, and will certainly turn the accused person’s life upside down. Penal Code 261 classifies rape as a felony and the person found guilty could do time in state prison for a period of up to eight years. Another penalty could be a fine of up to $10,000 or both the fine and the incarceration.
If it can be proved that the victim in the rape case suffered serious injuries, the sentence could be increased by an additional five years. Moreover, rape victims could bring in a host of other personal injury lawsuits – they could sue for lost earnings, medical bills that accrue as a result of the alleged crime, and even the psychological complications and trauma that the incident could have led to. It is important to note that in some situations a victim could institute a personal injury lawsuit even if the accused has not been convicted of rape.
The sentence could also increase substantially when the victim is a minor. When the victim is less than 18 years old, the prison term of the accused person could be increased up to 11 years and up to 13 years when the victim is less than 14 years old.
Other Consequences of Rape Conviction
In addition to the lengthy prison time and punitive fines that conviction brings, the accused is likely to suffer in many other ways that will completely change both his/her social status and professional life negatively.
Registering As a Sex Offender
Rape convicts in California are required by law to register as sex offenders and this is one requirement that is likely to have very profound long-term consequences. When you remember that most modern employers will not hire an individual without conducting comprehensive background checks, it is easy to see how a person carrying such a tag is likely to suffer professionally.
In addition to hindering your career progression, a sex-offender tag will lower your social status and could make you inadmissible in certain organizations and neighborhoods. Under California law, you might be ineligible to join the local gun society, for instance, because the law will no longer allow you to possess a gun. Moreover, should you be an immigrant, you could get deported or be declared inadmissible.
Getting a “Strike” As Stipulated by California’s “Three Strikes Law”
Conviction for rape in California could lead to additional complications should the “three strikes law” be invoked. This law was enacted in 1994 and amended in 2012 and its invocation could increase the jail term substantially.
The law enacted in 1994 stated that people convicted of a new felony but had also been previously convicted of a major felony would be required to serve sentence in state prison for double the time they’d otherwise have served for the current crime. Where the accused had been convicted of a felony and had two prior strikes, he or she could be incarcerated for 25 years or life. The 2012 amendment did not change much of the original law which means that its invocation in a rape conviction could lead to life imprisonment.
Why Legal Representation Is Necessary
From the foregoing, it should be adequately clear that rape is one of the most dangerous crimes you can ever be convicted of in California. Since such a conviction could potentially ruin your life or that of a loved one, it is critically important that any allegations and even suspicions of rape are dealt with swiftly and conclusively. Unfortunately, many people who find themselves in such a life-altering situation easily give up believing that there might be no way out of their predicaments. This is not always true and, sadly, there are people doing time or who have to endure terrible consequences simply because they did not seek legal help.
On the surface, most rape accusations appear like open and closed cases making the accused believe that there’s no way out. In the majority of cases, however, what is played out in court is usually the alleged victim’s word against that of the accused. Emotions aside, there are usually very good grounds for contesting rape allegations but the accused in most cases are too emotionally drained and confused to see the clear picture. Should you ever face rape accusations, a competent Orange County Criminal Defense Attorney Law Firm will provide the defense that you need to make sure that your rights are protected.
Before throwing in the towel it is important to know that a competent attorney can vigorously fight for your rights guaranteeing that you either get acquitted or receive a lenient penalty. Below are some of the arguments that your lawyer could present to the court when fighting for your rights.
That There Was No Penetration, No Sexual Intercourse and Therefore No Rape
As noted earlier, there can no rape under California law unless the two people involved had sexual intercourse. Moreover, there can be no sexual intercourse unless there’s penetration into one or more of the orifices. It’s not surprising therefore that some people have brought up rape allegations when all they have been subjected to is kissing, necking, and some other form of sex that is not penetrative. Whether done with or without the consent of the alleged victim, any manner of “making out” that does not lead to penetration should never be construed as rape and if you can prove this you might be charged with a lesser sexual offense but certainly not rape.
That the Sex was Consensual
There can also be no rape when the parties involved do so out of their own free will and where the defendant can prove that the alleged victim had given consent, he or she will not be guilty of rape. In a situation where the alleged rape victim claims that the accused was aware that no consent had been granted, the onus is really on the prosecution to prove that the accused participated in the act without the consent of the alleged victim.
Proving that the alleged victim did not consent to the act is usually complicated and prosecutors have to work hard to obtain physical evidence from the location where the alleged crime took place. The prosecution could also obtain info such as threatening or coercive actions or correspondence that could be construed to have been used by the accused.
It is important to note that in situations where an accused person got involved in sexual intercourse while believing that the alleged victim had consented, he or she could escape from the accusations of rape. It should however be noted that while this is a legal and valid defense, it cannot be used when the victim is a minor or a person incapable of giving consent such as a mentally challenged person.
That the Accusations Are False
As already noted, most rape proceedings are highly emotional and complicated and in the vast majority of cases, it is usually the alleged victim’s word against that of the accused. It is therefore always possible that somebody will accuse another of the heinous crime in a fit of anger or when trying to get even.
If the accused person, for instance, is a former business partner of the alleged victim, is it possible that the latter has a bone to pick with the former? There are myriad reasons that could drive people to make false accusations and the prosecution could have a really tough time trying to prove the accused guilty. Competent defense attorneys can argue the defendant’s case to unearth all manner of false accusations and seeking such help could be the difference between acquittal and a lengthy jail sentence.
That there’s No Corroborative Evidence
For a guilty verdict to be given rape accusations have to be proved beyond reasonable doubt and the prosecution has to produce all the evidence necessary to support the accusations. In some situations, however, the kind of evidence presented could be insufficient to corroborate allegations. Since penetration has to be proved for rape to be sustained, for instance, does the prosecution have the medical records necessary for this?
It is also possible that the accused has an infallible alibi that puts him or her far-away from the alleged scene of the crime at the time it is alleged to have taken place. In summary, there are many situations where the kind of evidence presented is not enough to sustain a rape allegation.
The Alleged Victim Cannot Positively Identify the Accused
Excepting for people who have had a long relationship and also considering the circumstances in which rape allegedly took place, alleged rape victims can accuse innocent people. If, for instance, the alleged act was conducted at the end of a party at which people were served alcoholic beverages, it might not be possible for the alleged victim to positively identify the person who committed the crime especially if the victim was intoxicated. Additionally, the alleged victim might fail to correctly identify the victim if the act was conducted in a dark or poorly-lit place. Unless the alleged victim can positively identify the alleged perpetrator, the court or jury might have no option other than acquitting the defendant.
That There Were No Witnesses
The prosecution in a case of rape gets a mega boost when it can call upon people who were present when the crime was committed and who are also ready and willing to stand as witnesses. In the absence of such witnesses and also considering the other facts of the case, the accused could be a victim of mistaken identity and the onus to prove guilt will be on the prosecution.
How to Locate an Orange County Criminal Defense Attorney Law Firm near Me
Considering the prohibitive fines, extended jail times, and the consequences on the professional and social lives of people who face rape charges, this is one crime whose allegations should never be trivialized. Considering also that very many people end up suffering the consequences for crimes that they did not commit, it is critically important that you urgently seek assistance from a competent attorney whenever you or a beloved member of your family risks facing rape accusations. The emotional nature of rape proceedings usually means that people with no legal training are unlikely to have the ability to competently wade through the muddled waters that such proceedings are.
Contracting a competent Orange County Criminal Defense Attorney Law Firm near Me is your best bet when you desire the best outcome. Having handled similar cases in the past, an experienced lawyer already knows what to expect from rape proceedings and the questions to ask both the alleged victim and the prosecutors to make sure that the sentence that is finally delivered is the best possible considering the circumstances. While acquittal is not always possible, there are lenient sentences and, by arguing your case clearly, intelligently and vigorously your attorney will keep you safe from the horrors of maximum sentences. To protect your rights or those of a loved one who might be facing rape charges contact the team that’ll mount the best defense possible by reaching us at 714-740-7848.