In California, there has been a rampant increase in the trend of rape in recent years. California Penal Code 261 PC defines the crime of rape as a felony in which the assaulter has non-consensual sexual intercourse with the victim through threats, force, fraud, violence, or all these vices. Acts that embody rape are having non-consensual sex with a person with a mental disorder, an intoxicated person, or an unconscious person.

Rape charges can lead to harsh repercussions like a conviction of up to 8 years in California state prison. The court of law may increase the defendant's prison term by up to 3–5 years, depending on the degree of injuries sustained by the victim.

Because of the seriousness of rape and its consequences, you want to seek the help of an experienced criminal defense lawyer. Your lawyer must have helped many defendants facing rape charges have their cases dismissed or lowered. At the Los Angeles Criminal Attorney, we have helped many rape suspects fight for their rights. Contact us today for a case review and to build strong defenses.

The Elements the Prosecutor Must Prove

Before the court can convict you of rape, the prosecutor must have concrete evidence of the following rape crime elements:

  • You had sexual intercourse with the victim.
  • You and the accuser were not married at the time of the incident.
  • The victim did not content to have sex.
  • The non-consensual sexual act was fulfilled by:
  1. Use of force on the victim by the defendant.
  2. Use of violence either by hitting the victim or tying them down.
  3. Threatening to hurt the victims or their loved ones if they do not cooperate.

Force or Violence

Under California rape laws, the meaning of force or violence is as follows:

  • The use of strength to subdue the victim's willpower.
  • Actions that can hurt or kill a person, and this constitute violence.
  • Duress comprises threats that can make the victim agree to have sex with their attacker.
  • Menace, which constitutes actions that show intent to cause harm to the victim.
  • Use of fear to coerce the victim to have sex with the rapist.
  • Fraud comprises trickery or lying to the victim to compel them to have sex.

Sexual Intercourse

According to California law, sexual intercourse is any penetration of the vagina or genitalia by the penis, no matter how slight. Ejaculation is not a requirement for rape.

Consent

Under Penal Code 261.6, consent is when a person knows the nature of the actions that are required of them and acts freely and voluntarily to demonstrate their approval.

A person could give consent at the initial stages of having sexual intercourse but change their mind while in the process. So continuing the act of sex may be considered non-consensual if:

  • The victim conveys actions or words of non-consent to you. You then forcibly continue the act of sexual intercourse despite the objections from the victim.

For instance, Sheilah, who is a virgin, wants to have sex with her boyfriend for the first time, and they start the process of sex, but before penetration, Sheilah says that she is not ready and needs more time but John, who is her boyfriend, still proceeds to have sexual intercourse with her. John is guilty of the crime of rape.

While Sheilah may have consented at first, when she panicked and said that she was not ready yet and withdrew her consent, John, as a reasonable person, would have stopped as it was clear that Sheilah no longer consented to the act of intimacy between them.

Certain People that Cannot Consent

According to Penal Code 261, people who cannot give consent to sexual intercourse are:

  1. Intoxicated people. These individuals are not in their right mind to make any decision, so having sex with them in that state is considered rape.
  2. Those with mental disorders.
  3. Unconscious persons.
  4. Persons under 18 years. In California, these are considered minors and cannot consent to have sex with an adult. Thus, an adult who has sexual intercourse with a minor, regardless of whether the minor permitted the sex, will have committed the crime of statutory rape.

Penalties, Sentencing, and Punishment for PC 261 Violations

Penal Code 261 categorizes rape crime as a felony. If accused of rape, you could face a sentence of up to 8 years in prison upon conviction. The judge could enhance your sentence by 3 to 5 years, depending on the degree of injuries your victim sustained.

California law also has different felony penalties if you are guilty of rape, depending on the age of the victim:

  • If your victim is 18 years and older, the court could sentence you to 3, 6, or 8 years in the state prison and a sex offender registration for up to 20 years or life, depending on the case.
  • If the victim is between 14 and 17 years, you could serve a prison sentence of 9, 11, or 13 years and register as a sex offender for life.
  • If your victim was under 14 years, the court could sentence you to a 7, 9, or 11 years prison term and a lifetime sex offender registration.

Also, you could receive a strike in your criminal record under the state's Three Strikes Law upon a rape conviction. If you receive a strike in your criminal record, you could face harsher penalties if found to have previously committed a strike crime.

Under the Three Strikes Law, penalties include serving double the prison term. You could face a prison sentence of up to 16 years for a first strike, and if you have previously committed two strike crimes, your penalty could increase to 25 years to life imprisonment.

Deportation of Persons Convicted of the Rape Crime

Rape in California is a crime that brings about moral turpitude. Therefore, you will face a conviction in the court that could see you deported, which will affect your immigration to the USA.

Lawsuits Brought in by Rape Crime Victims in Court.

Anyone who has been a victim of non-consensual sex is eligible to file a lawsuit and have the defendant arraigned in court for the crime. Family members who have witnessed the non-consensual act or been affected by the rape crime (in instances of loss of companionship brought about by the non-consensual act or experiencing emotional distress) can also file a lawsuit against the defendant.

The plaintiff could file a lawsuit if they suffered losses or damages because of the rape. They are entitled to both compensatory and punitive damages. They are eligible for monetary compensation for the following damages:

  • Medical bills accrued
  • Psychological counseling
  • Physical injuries accrued
  • Loss of earning capacity
  • Insomnia
  • Trauma

The relatives of the victim are also eligible to file lawsuits against the defendant if:

  • They witnessed the rape crime, leading to trauma or emotional distress.
  • The non-consensual sexual act resulted in the victim's death, which the suit brought forth will be under wrongful death.
  • The assault has resulted in the loss of companionship between the victim and their spouse.

Also, the victim can sue you even if you are not charged or convicted of rape.

Legal Defenses against Rape In California

If arraigned in court for rape, it is not wise to take the charges lightly, as this could subject you to imprisonment and affect your life. Fortunately, you can consult an experienced lawyer in California for them to either prove your innocence, have your sentence reduced, or have charges dismissed.

The defenses raised on your behalf include the following:

  • The rape allegations are false.
  • The accuser consented to the sexual act.
  • That it is a case of mistaken identity.
  • No sexual intercourse took place.

The Plaintiff Consented to the Sex-Intercourse

If you genuinely believe that the accuser gave consent to the sexual act, under PC 261, you are not guilty of rape, and this has to be proven by the rape attorney as one of your defenses in a criminal court. The court will examine the circumstances of the environment in which the sexual act took place and determine whether your claim of consent for sexual intercourse is plausible.

No Sexual Intercourse

You may be able to prove your innocence by the evidence that no sexual intercourse took place. Rape victims should seek medical attention immediately after the rape ordeal so they can be examined and have substantial evidence against their rapists.

The evidence may be tampered with when they fail to seek medical attention. In this case, there is no substantial evidence on the prosecutor's side as there is no proof that the non-consensual sex act was committed by the accused. You have to speak to an experienced rape attorney to determine whether there is substantial evidence to find you guilty of rape and, if there is none, how to prove your innocence.

For instance, if you were only kissing with the accuser, you would not be convicted of rape as no penetration in the vagina occurred.

You Were Falsely Accused

Most cases brought in the California law courts are false, as in some cases, the accuser wants to take revenge against the accused or was jealous of them. You will have to seek the assistance of an experienced California criminal attorney to help prove that the statement made by the accuser against you was, without a doubt, false by establishing what took place.

A Case Of Mistaken Identity

In many instances where the accused finds themselves entangled in rape crime charges, there is often a chance that it is a case of mistaken identity. The mistaken identity defense could come about if the plaintiff was intoxicated by the time the rape occurred or if the accused has a significant resemblance to the perpetrator of the rape crime.

For instance, if the accused made advances to the victim at a party, but they were turned away before the victim became intoxicated, the accuser may confuse the identity of her rapist, as they will remember the person they were with before becoming intoxicated.

Expungement of a Rape Crime Conviction

A rape crime conviction in California can be expunged/removed from the convict’s criminal record if they have not yet served time in prison for the rape. Probation could see your rape crime record removed as long as you perform all the terms of the charges and do not indulge in or commit other crimes.

However, if convicted of serving prison time, it is impossible to expunge the rape crime record as it is already in existence and, by law, cannot be expunged if the person was convicted of prison time.

Related Offenses to Rape

In California, some sex crime offenses are convicted in place of or together with rape, and they include:

  1. Penal Code 289, Forcible Penetration with a Foreign Object

Under California law, Penal code 289, PC is defined as penetrating a victim's genitalia (vagina or anus) with a foreign object without the plaintiff's consent. This is executed by using force on the victim or fear to frighten the victim that they will be injured if they do not agree for the assault to be undertaken.

Some examples of scenarios of penal code 289 that could lead you to be convicted for prison time in California include:

  • Inserting a bottle into an intoxicated woman’s vagina by the attacker at a party.
  • The inserting of a finger or fingers into the woman’s vagina by an attacker after they have subdued them using fear, menace, or force.
  • The accused holds a knife and threatens to injure a woman if she does not agree to penetration of her anus using a dildo/foreign object.

Possible penalties for a Penal Code 289 violation include:

Penal Code 289 is a felony that could see you sentenced to 3, 6, or 8 years in prison and a fine of up to $10,000 if convicted. You are also eligible for registration as a lifelong sex offender under the law. You must register as a sex offender in California every year for the rest of your life.

This is because you are convicted as a tier three offender under the Penal code 289. If you fail to register annually, you will be eligible to face other felony charges.

Legal defenses include:

You should hire an experienced attorney who will help prove that:

  • The alleged victim consented to the penetration.
  • The defendant believed that the victim consented to the sexual act.
  • That the accusations are false and brought about by either malice, seeking revenge, or mistaken identity by the victim to the accused.
  1. Penal Code 243.4, Sexual Battery

Under California law, sexual battery is a crime involving the touching of a victim's genitalia by the defendant without consent for the accused to gratify themselves. This non-consensual sexual act is usually performed when the accused uses fear to threaten the victim or when the victim is tied, and their genitalia is touched without them consenting to the act.

Sexual battery can be charged as either a misdemeanor or a felony in the California court of law. If you are convicted of the crime, you will face a prison or jail sentence of up to 4 years.

Penalties under Penal Code 243.4:

You face felony penalties if:

  • The victim was not aware of the act because they were under the influence that the touching was done for professional reasons, such as for medical purposes or therapeutic procedures.
  • You bound or held the victim unlawfully.
  • The victim was physically disabled when you committed the crime due to the victim being medically incapacitated, or they are disabled.
  • You forced the victim to touch themselves in the genitalia/ masturbate in front of the defendant.

You could face misdemeanor penalties if :

  • You forcibly fondled the breasts of the victim without consent.
  • You touched the buttock(s) of the victim without obtaining consent first.
  1. Penal code 261.5 - Statutory Rape

Under California law, a minor is anyone under 18 years. It is illegal to engage in sexual intercourse with a person under 18 years if you are not their legal spouse.

The charges under Penal Code 261.5 can be charged as either misdemeanor or as a felony. Statutory rape is a crime you can be convicted of regardless of whether the minor consented to the sexual act or the sexual intercourse act was initiated by the minor.

Penalties under Penal Code 261.5:

  • If convicted of the statutory rape crime under misdemeanor charges, you could face a sentence of one year in the county jail.
  • If convicted for the statutory rape crime under felony charges, you could face a sentence of up to 16 months, 2 or 3 years in the county jail. If the defendant is 21 years of age or older while the victim is under the age of 16 years, the sentence can range from 2,3 or 4 years of jail time.
  1. Penal Code 262 - Spousal Rape

You could be accused of spousal rape under Penal Code 262 in California if you engage in sexual intercourse with your alleged spouse without their consent. The crime usually is performed when the defendant has sexual intercourse with the victim while they are intoxicated or while they are asleep.

Other ways in which the crime is undertaken is by; the defendant forcing their spouse to have sexual intercourse while they are bound or forcefully without their consent or the accused using fear or menace to threaten the spouse to have sex with them.

Spousal rape crime convictions, although very hard to execute, require a lot of attention from the judge. They can be charged in the events of domestic battery or the case of bodily injury to the spouse.

Possible penalties under Penal Code 262:

Spousal rape penalties were repealed in 2021 by AB 1171, which made the penalties under Penal Code 262 the same as those for non-consensual sexual intercourse with a person other than the accused person’s spouse. The charges could get you convicted to a sentence of up to 3,6, or 8 years.

  1. Penal Code 287 - Forcible Oral Copulation

You could face conviction under California law if you engage in oral copulation with a minor (persons under the age of 18 years). Using force or fear to coerce a person to engage in oral copulation is illegal. It is also illegal to engage in oral copulation if the other person is intoxicated or unconscious and cannot consent.

Non-consensual oral copulation involves the contact of an attacker's mouth, no matter how small the act is, with the genitals or anus of the victim without their consent. Penetration or ejaculation is not required for the accused to be charged with forcible oral copulation.

Possible penalties under Penal Code 287:

Forcible oral copulation is a severe crime in California. If convicted, you could face a sentence of up to 3, 6, or 8 years in prison and lifelong registration as a sex offender if the victim of the crime was a minor.

Find A Criminal Defense Attorney  Near Me

Rape crime in California is defined as a felony in which the defendant has non-consensual sexual intercourse with a victim through threats, duress, violence, or menace. If convicted, you could face a sentence of up to 8 years in the state prison. The judge could also increase your conviction by up to 3 to 5 years, depending on the seriousness of the injuries sustained by the victim.

If you or your loved one is facing charges of rape, you must contact an experienced criminal defense attorney to help you build defenses. These defenses could help you prove your innocence or have your charges reduced if not dismissed. Your lawyer must have helped many defendants with similar charges dismissed or lowered.

At Los Angeles Criminal Attorney, we can help you build solid defenses to fight your rape charges and for your rights. Contact us at 424-333-0943 to talk to one of our attorneys.