Los Angeles Rape Defense Attorney
What is Rape?
Rape is a sex crime in the State of California. California law defines rape as nonconsensual sexual intercourse. Sexual intercourse is “nonconsensual” if it happens against another person’s will or without their consent due to:
- Use of force;
- Fear of bodily harm or retaliation;
- False or misleading information; OR
- Trickery.
Any amount of penetration may be enough to support a rape charge. Further, the victim does not need to say “no” for sexual intercourse to qualify as rape. You could be charged with rape if the victim is incapable of giving consent because they are unconscious, intoxicated or mentally or physically disabled.
You could also be charged with rape for any sexual intercourse with a minor under the age of 18. This is called “statutory rape” because it is defined as rape by law regardless of whether the victim gave consent. California law also recognizes spousal rape and date rape as sex crimes.
Any rape charge is serious and will carry heavy penalties under California law. Proving guilt in a rape case can be difficult as there are often no witnesses. The question of “consent” is subjective and often open to interpretation. If you are facing rape charges, then you need a knowledgeable Los Angeles rape defense attorney who can effectively present your side of the story.
What are the Penalties for Rape in California?
Rape is a felony in California. It is punishable by time in state prison, fines of up to $10,000, probation, community service and/or counseling. Prison sentences for rape may vary widely, depending on the circumstances of the case. For example:
- For a standard rape conviction, you may be sentenced to up to 8 years in California state prison.
- If the victim is a minor between the ages of 14 and 18, you may be sentenced to up to 11 years in state prison.
- If the victim is under the age of 14, you could face up to 13 years of prison time.
- If the rape occurred during the commission of another crime, such as assault and battery, punishments maybe even more harsh, including life in prison without the possibility of parole.
If you are found guilty of rape (including statutory rape), then you will also be required to maintain a lifetime sex offender registration.
Defenses to Rape Allegations
In order to obtain a rape conviction, the government must prove that:
- You engaged in sexual intercourse with the alleged victim.
- The alleged victim did not give consent to sexual intercourse or was incapable of giving consent (in cases other than statutory rape cases, where consent is not a factor).
- You engaged in sexual intercourse by means of force, violence, menace, duress, fear or fraud or with an unconscious, intoxicated or disabled victim.
If the government cannot prove all these elements beyond a reasonable doubt, you are not guilty of rape.
Assuming sexual intercourse occurred, the strongest defense to rape charges is that the sex was consensual. An experienced Los Angeles rape defense attorney will be able to cross-examine your accuser to raise doubts about his or her accusations. Although California’s “Rape Shield” laws may limit what an alleged rape victim can be asked on the stand, your lawyer will understand the bounds of these limitations and will fully pursue your interests as the law allows.
The Law Offices of Adrian M. Baca Can Defend You Against Rape Charges
With over 30 years of experience defending clients against serious rape allegations, The Law Offices of Adrian M. Baca understands how rape cases are prosecuted. We have extensive experience identifying the common prosecution mistakes that can be used for your benefit. We also have gone to trial on rape charges, with the jury finding our client not guilty and in another cold case, DNA hit the jury came back 11 to 1 for not guilty, with the prosecutor then dismissing the case. If you have been arrested or charged with rape, contact The Law Offices of Adrian M. Baca immediately to discuss the specific details of your case and review your legal options.