California law has a broad description of what a sex crime constitutes, and rape is one of the crimes. The consequences of rape conviction are severe and could affect your life forever. A conviction could lead to lengthy prison sentences, and if 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 should contact the Orange County Criminal Defense Attorney Law Firm whenever faced with rape or other sex crime charges.
Rape proceedings are emotional affairs. Emotions are inevitable when the alleged victim is physically challenged or is weaker than the accused. In such circumstances, it is easy to conclude that the defendant took advantage of a more vulnerable person. Such perceptions could cloud the judgment, and without an experienced and competent lawyer, your rights could be jeopardized.
What Sexual Acts Does California Law Consider Rape?
Under California law, the sexual acts considered rape are defined 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 referred to non-consensual sex conducted by men against women who were not their wives. Therefore, it follows that at Common Law, only men could be found guilty of the crime. According to California law, however, women are capable of rape, which could happen in circumstances where a man is compelled to have sex with a woman under duress. If, for instance, a woman in a position of authority threatens to take any 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 them 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 penetrative sexual acts without the person's consent, you'll have committed rape.
So, to prove that the crime of rape took place committed, the prosecution must prove:
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 stands as long as there was penetration. Sexual intercourse will have taken place regardless of whether the accused used their sex organs or some other object.
Sexual Intercourse was Non-Consensual
You'll have committed the crime of rape when you have sexual intercourse with another person without consent. Many factors could make sex non-consensual, including having sex with an intoxicated person who is not even aware of the act. Sexual intercourse is also non-consensual when the victim participates through the use of threats or violence. If you obtained sex by either threatening to harm or even kill the individual or other people like parents, children, and business associates, you’d have committed rape.
Sexual intercourse is also non-consensual when one of the participants is mentally disabled. Because of their mental condition, such individuals are considered incapable of giving consent.
The Victim Withdrew Consent
When faced with rape accusations, one of the most robust 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 did not do so through coercion or threats. However, in some situations, what begins as consensual sex might become non-consensual when the victim feels that they no longer want to continue with the activity and communicate this to the sex partner. In such a situation, the consent initially given is withdrawn. Should you continue with the action, you'll be doing so without the other person's permission, in which case you'll be committing rape.
You 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 is guilty of statutory rape when he or she has sexual intercourse with a minor – a person under the legal age of 18. Consent given by such persons is immaterial, and if you proceed with the act, 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.
You are Guilty of Spousal Rape
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 have sex with your spouse. Unfortunately, this is not the case, and if you forced your unwilling spouse to have sex, you'd be guilty of rape. Even when you do not obtain sex from your spouse through force or threats, you'll still be guilty if you did so without your partner's approval either because they were intoxicated or even asleep. The reasoning here is that the drunk or sleeping spouse could not have willingly given consent.
Consequences of Rape Conviction
The consequences of a rape conviction in California are dire, far-reaching, and will undoubtedly 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 up to eight years. Another penalty could be a fine of up to $10,000 or both the fine and the incarceration.
If there's evidence that the victim in the rape case suffered severe injuries, the sentence could rise 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 a result of the alleged crime, and even the psychological complications and trauma that the incident could have caused. It is important to note that a victim could institute a personal injury lawsuit in some situations, 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 accused person's prison term could rise by 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 negatively impact both his/her social status and professional life.
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 make you inadmissible in specific 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 Under California's "Three Strikes Law"
A 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 substantially increase the jail term.
The law enacted in 1994 stated that people convicted of a new felony but had also been previously convicted of a significant felony would be required to serve a sentence in state prison for double the time they'd otherwise have done for the current crime. If the accused had been convicted of a felony and had two prior strikes, they 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 preceding, it should be adequately clear that rape is one of the most dangerous crimes you can ever face 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 most cases, however, what goes on in court is usually the alleged victim's word against the accused. Emotions aside, there are generally excellent 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, you need to ensure that your rights are protected.
Before throwing in the towel, it is vital 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 defenses that your lawyer could present to the court when fighting for your rights.
There Was No Penetration, No Sexual Intercourse and Therefore No Rape
As noted earlier, there can be 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. Therefore, it's not surprising that some people have brought up rape allegations after kissing, necking, and some other form of sex that is not penetrative. Whether done with or without the alleged victim's consent, any manner of "making out" that does not lead to penetration is not rape, and if you can prove this, you might be charged with a lesser sexual offense but indeed not rape.
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 approval had been granted, the onus is really on the prosecution to prove that the accused participated in the act without the alleged victim's consent.
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 alleged crime location. The prosecution could also get info such as threatening or coercive actions or correspondence 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, they could escape from the accusations of rape. However, note that while this is a legal and valid defense, it's useless when the victim is a minor or incapable of giving consent, such as a mentally challenged person.
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. Therefore, it is 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 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.
There's No Corroborative Evidence
For a guilty verdict to be given, rape accusations must be proved beyond a reasonable doubt. The prosecution has to produce all the evidence necessary to support the allegations. 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 when 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 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, mostly if the victim was intoxicated. Additionally, the alleged victim might fail to correctly remember the victim if the act took place 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.
There Were No Witnesses
The prosecution in a case of rape gets a mega boost when it can call upon people present when the crime was committed and 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.
Locate an Orange County Criminal Defense Attorney Law Firm Near Me
The prohibitive fines, extended jail times, and the consequences on the professional and social lives of rape suspects show that rape allegations should never be trivialized. Considering that many people end up suffering the consequences for crimes that they did not commit, you must seek assistance from a competent attorney when you or a relative face rape accusations. The emotional nature of rape proceedings means that people without legal training cannot wade through such proceedings’ muddled waters.
You want to contact the Orange County Criminal Defense Attorney Law Firm for a favorable 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 final delivered sentence is the best possible considering the circumstances.
While acquittal is not always possible, there are lenient sentences, and, by arguing your case intelligently and vigorously, your attorney will keep you safe from maximum penalties. To protect your rights or those of a loved one who might be facing rape charges, contact us at 714-740-7848.