Rape
Rape is governed by California Penal Code sections 261 – 269. According to the statute, rape is broadly defined as any nonconsensual sexual intercourse accomplished by means of threats, force or fraud. Thus, California’s rape law covers spousal rape, date rape, statutory rape, oral copulation by force and forcible penetration with a foreign object.
Specifically, according to the law, in order to constitute rape, certain conditions must be met. First and foremost, the sexual intercourse must either be against the alleged victim’s will or without that person’s consent. Furthermore, the act must be accomplished via the use of physical force, violence, duress (including direct and implied threats), menace, fear of bodily harm, fear of retaliation or fraud.
Thus, in order to be convicted of rape, the prosecution must prove the following elements:
- You engaged in sexual intercourse with another person
- You were not married to the person at the time of the alleged act (if so, this is another crime known as spousal rape)
- The other person did not consent to the intercourse
- You accomplished the intercourse using one of the above listed acts
The Penalties for Rape Charges
In California rape is prosecuted as a felony, if convicted, you could face formal probation with up to one year in a county jail. However, if force or violence was used, punishment could include a minimum of three and up to eight years in a California state prison.
On top of this, when the victim sustains great bodily harm, a rape conviction will also include an additional three to five years in state prison, along with a minimum fine of $10,000.00 and a strike on your record in accordance with California’s three strikes law.
When the victim is a minor (i.e., under the age of 18), the possible prison sentence increases to up to 11 years in a state prison.
The maximum prison sentence for Penal Code 261 PC rape also goes up if the alleged victim is a minor. If she (or he) is a minor under 18, the possible state prison term goes up to seven (7), nine (9) or eleven (11) years. When the minor is under the age of 14, this increases to 13.
Furthermore, you will also be given the designation of a registered sex offender. Placement on this public record will follow you for your entire lifetime and will have significant implications to where you can live and work.
California Rape Crime Defense Attorneys
In order to properly defend against your California rape charge and to protect your reputation, career and family, you need to seek the advice of an experienced California defense attorney.
The Law Offices of Jonathan I. Kelman specialize in defending California rape charges. If you or a loved one is facing a California criminal charge, seek the support of an attorney practicing only in criminal defense.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.