Rape

The justice system in the state of California can be a little intimidating. It is so, mainly for a person facing charges for a more severe offense like rape. Sex crimes are taken very seriously in California.   That is why The Los Angeles Criminal Defense Attorney is here to offer the best possible legal guidance, advice, and defense to the members of the Los Angeles Community. 

If, therefore, you are facing rape charges, you can get in touch with us. A proper legal defense can help you avoid the harsh penalties associated with California sex crimes, which includes hefty fines and imprisonment.  With our expertise and experience, we could influence the court for a much fairer outcome.

Legal Definition of California Sex Crimes

In California, sex crimes refer to all crimes of sexual nature. They include everything between grabbing a person’s genitals in public to rape. Sex crimes are some of the most severely punished crimes in the state. Offenders get jail or prison time, hefty fines, and a requirement to register as a sex offender for a very long time. A sex crime conviction can have a significant effect on a person's social life and career. One of the additional penalties offenders get is an obligation to disclose their conviction on employment applications. Sex crime convictions are also challenging to expunge from a person's criminal record.

That is why it is advisable to have the best possible legal defense if you are facing a sex crime charge in California. A competent attorney can make a significant difference in the outcome of your case. Some of the most common types of sex crime offenses in California include:

• Rape
• Sexual abuse on a minor
• Date rape
• Indecent exposure
• Failing to register as a sex offender
• Oral copulation through force
• Lewd deeds with a minor
• Lewd conduct
• Possession of child pornography
• Sexual Battery
• Prostitution
• Soliciting a prostitute
• Statutory rape

Laws against each of these offenses are in different legal codes, each with its list of penalties an offender must get if they are convicted. There are various elements for each crime, too, which must be proven before a court for an offender to be found guilty of the sex crime.

California Rape

Rape is among the most severe sex crimes, not just in California but in the entire country. It is because it happens without a person's consent. California Rape Laws are under Section 261 of the state's Penal Code. According to this section of the law, the meaning of rape is non-consensual sexual intercourse. It is an act of sexual intercourse that happens without the consent of at least one of the participants.

When a person takes part in sexual activity with another, some conditions should be met. These are, for instance, both participants must agree to the intercourse. If the sex happens against the will of one of the participants or without their consent, the person who initiated the act could be charged with rape. California rape occurs when the sexual act occurs through any of these:

• Through physical force
• Through violence
• Through duress - Duress is an implied or direct threat that is enough to force a sensible person to get involved in something. Under pressure, a person may agree to permit a deed, which they would otherwise have not approved or taken part in.

Example: Sarah, an immigration officer, threatens to have John deported if he does not have sexual intercourse with her. For fear of getting deported, John gives in to Sarah's demand. Sarah will have committed the crime of rape through duress.

• Through menace - Menace, in this case, is an act, threat, or a declaration that shows a person’s plan to inflict injury on another.
• Through fear of physical injury to self or another person - A victim of rape may agree to have sexual intercourse with a person out of fear that their life or the life of another person was in danger. This fear will, however, have to be reasonable and actual under the situation. If the fear were unreasonable, it would still count if the offender knew of their victim's terror and took advantage of that.
• Though the fear of retribution - The fear will come if the victim is under threat of imprisonment, kidnapping or their death or the death of another person
• Though fraud - A victim of rape may have been fraudulently convinced that they are wedded to the offender. They could also have been convinced that the intercourse would serve a professional resolve even though that is not true.

Example: A sex therapist that takes advantage of his/her patients by engaging in sexual acts with them. He/she convinces them that the intercourse would resolve their sexual problems.  If a patient agrees and goes ahead to have sexual intercourse with the therapist, the therapist could be guilty of rape through fraud.

Another way through which the court can prove lack of approval in a case of rape is if the victim:

• Was completely intoxicated and unable to agree to the sexual act
• Had a physical disability or mental disorder that would not make it possible for them to give consent. In this case, the victim must have known or should reasonably have recognized the victim’s condition
• Was unconscious at the time - It could be that the victim was unconscious, asleep, or induced and could therefore not have given consent. The offender, in this case, should have recognized that the victim was unconscious

If any person had sexual acts with a person under one of the above conditions, a California court can charge and convict you of rape. If the facts of your case are not as they were described to you by the arresting officer, you need legal help and defense to fight the charges you are facing. A competent criminal defense attorney will use every strategy available to convince the court to drop your charges or reduce them to more lenient charges.

Elements of California Rape

Elements of the crime of rape are the various facts that a prosecutor must demonstrate beyond reasonable doubt for the offender to be found guilty of the offense. Four elements are used to prove guilt in California rape cases:

• That a person was involved in sexual acts with another. It must involve penetration however slight it must have been
• That the person was not wedded to the victim at the period of the act. If the two were married, then the charges will change to spousal rape
• The victim did not permit
• the sexual act
• That any of the ways listed above completed the act

To understand these elements better, let us look at each of them separately:

1. Sexual Intercourse

Sexual intercourse must involve penetration, however slight it must have been. As long as there was some form of penetration, it will count as sexual contact for the purposes of the crime of rape. Note that it will not matter to the court whether there was ejaculation or not. If a person initiated a sexual association with another person against their permission and then regrets along the way quickly terminating the act, that would still amount to rape.

2. Consent

Consent is positive cooperation or an act of free decision. A person is said to permit sexual intercourse if they do it voluntarily and freely, with full awareness of the nature of what they are doing.

Note: Just because the victim was in a dating relationship with you, or was married to you does not mean that they will automatically give consent to sex. Without proof that they consented to rape, you could still face rape charges.

That will also apply to a married couple. Just because a person is married to you doesn't mean that they have given consent to sex. There should be proof that they have given consent before you proceed to have sexual intercourse with them. However, if the victim and the defendant are married, forceful sex in that situation will amount to a separate offense called spousal rape, provided under Section 262 of the California Penal Code.

Again, just because the victim suggested or asked you to use a condom or another type of protection doesn’t mean that they were giving consent. You need proof of consent, even in such a case, to proceed with the act.

3. Withdrawn Consent

Withdrawn consent refers to a situation where the alleged rape victim gives permission in the beginning and later withdraws the consent. The sexual relation, in this case, turns into abuse. Sexual activity could start as consensual intercourse and still end up as rape. It will, however, happen under the following conditions:

• The victim communicated to the offender that they object the act that was happening and even made efforts to stop it
• The victim expressed their protest in a manner that would mean they have not given consent to a sensible person
• The defendant continued with the act anyway through the use of force even after the victim withdrew their consent

How is Consent Proven Under the State’s Shield Law?

The state of California's shield law is a confirmation rule that is intended to safeguard the privacy of victims of rape. The rule states that a person cannot prove consent to rape by introducing their victim's past sexual reputation or conduct. What this means is that even if a person blaming you for rape has a past of engaging in sexual relations with many people, the law does not allow you to point out that history as a way to prove the person agreed to have sexual intercourse with you.

4. The Offender Must have been Aware the Victim did not give Consent.

It is not adequate for a California prosecutor to demonstrate that a rape victim did not agree to engage in sexual intercourse. He/she also needs to prove the offender was well aware that the victim did not want to have sexual intercourse with them. If, in any case, the defendant believed their victim had agreed into sex, they may not be found guilty of the crime of rape.

Note the following:

Resistance, in California,  is not considered a fact of rape. A prosecutor will not be expected to verify the rape victim tried to fight the offender back.  It is, however, worth noting that resistance was previously used as an element of rape in the state. However, state laws eliminated it, arguing that people reacted differently to trauma. What this means is if the victim did not resist the act, the court could believe the defendant if he/she argues that he/she had a reasonable belief that the sexual intercourse was consensual.

California laws on rape apply to women and men alike. There is a common belief that it is only men who could rape women. However, it is not always the case, as some men have reported cases of forceful sexual acts by women. For that reason, California laws against rape are designed to protect both women and men in equal measures. Therefore, if a lady forces or threatens a male into engaging in sexual acts with them, a California court can charge and convict the lady with rape.

Also, if a woman helps a man to force another woman into having sexual intercourse with them against the victim’s will, the court can charge the first woman for aiding and abetting. An aider/abettor is taken as the principal offender in California crimes and is punished just the same way as the actual offender.

Penalties for Rape Crime in California

As mentioned above, the crime of rape is among the most severely punished offenses in the state of California. For that reason, rape is a felony, punishable by hefty fines and incarceration. In addition to that, a rape conviction comes with other consequences that could affect your relations with other people, including your family members and employers. That is why fighting rape charges should be your priority as soon as you get arrested. Getting yourself a competent attorney is the first step to take in getting the justice you deserve.

If you end up getting convicted of rape in California, here are possible penalties you are likely to get:

• Three, six or eight years of incarceration in California prison
• Formal/felony probation plus one year of jail time in place of a prison term. A rape offender gets probation under the following conditions:
• That the defendant has been found guilty of raping a disabled person who could not give consent because of his/her disability
• That the defendant committed the offense by pretending to the victim to be a person that they are not
• That the defendant committed the crime by the use of threats. He/she could have threatened the victim that they would use their authority or position as a public officer against their victim

Note that a California judge will only give the defendant probation if he/she believes that probation will satisfy the interest of the court.

For other rape incidents involving a victim that was intoxicated, asleep, or unconscious, a prison sentence will be necessary.

In addition to the above penalties, a rape conviction will include:

• Additional three to five years of prison time if the victim sustained great bodily/significant physical injury
• A fine that could go up to $10,000
• A strike on their criminal record, as provided under the state’s Three Strikes Law

Aggravating Factors

These are factors that could heighten the maximum sentence of the crime of rape. In California, a rape offender's maximum prison term could go up if the victim was a minor.

If the minor were generally below the legal age of 18 years, the possible prison time the offender will get would be increased seven, nine, or eleven years.  

If the victim were a minor below the age of 14 years, the offender's prison term would go up to nine, eleven, or thirteen years after conviction.

In addition to all the penalties named above, a California rape conviction leads to a requirement that the offender registers as tier-three sex defendants, according to Section 290 of California Statutes.

Registering as a sex offender in California is as dangerous as spending many years behind prison bars. It is because the registration is designed to last the defendant's entire lifetime. Failing to register is treated as a separate offense, convicted as a felony. It is only in certain instances that an offender is mandated to enlist themselves as a two-tier offender. It goes for a minimum of twenty years, and it is only given to offenders whose victims were 18 years or more but incapable of providing consent, maybe due to their mental disorder or physical incapacity.

Possible Legal Defenses against California Rape

It is possible to be accused of rape, while in the real sense, you are not guilty of the offense. It is a crime that requires little or no evidence. It means that innocent people could, unfortunately, be convicted of such a severe offense. The only way for a person to escape the harsh legal penalties associated with California rape is to fight their charges through a robust legal defense. The good thing is that several legal arguments could be used to compel the court to drop your charges or reduce them to a more lenient charge. These are, for instance:

1. You are Falsely Accused

A person can be falsely accused of rape when they have not committed such an offense. Like most sex crimes in the state, a rape charge can be instituted out of revenge, jealousy, anger, or through any other emotional-driven reason.  It is not always easy for a prosecutor to tell if the person that has been accused of rape is innocent or not. The court could dismiss your charges depending on the kind of defense your attorney will put in your case.

2. It was Consensual

This strategy could be used if the supposed victim gave consent to sexual intercourse, or the defendant has enough reasons to believe that consent was given. For the defense to work in your favor, your attorney needs to provide valid reasons why you thought the victim gave consent. However, in case the victim was a minor, a mentally challenged person, or any other person incapable of giving consent, your argument will not be accepted.

3. Lack of Sufficient Evidence

Your charges could be dropped if there is no evidence or if the evidence gathered is not enough to prove rape. If the victim did not seek medical help, for instance, there might be no physical indication to corroborate their claims. Again, the elements of rape, as mentioned earlier, must be satisfied before the court makes a guilty verdict.

4. Mistaken Identity

Again, it is possible for a rape victim to mistakenly identify the wrong person as the one who raped them. It could happen if the victim does not know the person very well. If the offense occurred in a place that was not appropriately lighted, or in the dark, or the perpetrator wore a mask, the victim may misidentify the offender. The victim could also make a mistake if they were intoxicated at the time of the rape and were in a place with a lot of people.

Find a Los Angeles Criminal Defense Attorney Near Me

A rape conviction is enough to change many aspects of your life. Other than spending years in prison and paying hefty penalties, you may have to register as a sex offender for the rest of your life. It will significantly affect both your social and professional life. The Los Angeles Criminal Defense Attorney is here to help people facing charges of rape change the outcome of their case. If you are in Los Angeles and you or your loved one are facing rape charges today, let us help you plan a strong defense against your charges. Call us at 310-564-2605, and we will ensure your rights are protected.