According to the California Penal Code Section 261, rape means a sexual intercourse without consent. The law states the individual used fraud, force, or threat to commit rape.
- Firstly, the law states consent is the willingness in action or behavior to agree to intercourse. In short, the individuals are exercising their free will.
- California law states rape is penetrative. Furthermore, rape accusations include the individual using foreign objects to penetrate the victim.
What does the Penal Code say about rape?
California Penal Code Section 261 says rape is
- A sexual act involving intercourse
- The accused performed it with a person but not their spouse
- If the scenario meets one of the circumstances
- The law states that the person cannot consent to the intercourse if they are physically and mentally disabled.
- The rape took place using force, coercion, violence, destruction, or fear. The accused intimidated the victim to perform the act. Otherwise, the person will hurt them physically.
- The victim could not resist the bodily force because they were very intoxicated. Furthermore, the rapist did not doubt that the person was intoxicated.
- The victim could not resist the sexual act because they were unconscious. For example.
- The victim was sleeping
- The victim was unaware of the penetration or the subsequent events.
- Thirdly, the accused believed they were providing a service. In contrast, the sexual intercourse was not part of the service.
- Unfortunately, the victim did not know the identity of the accused when the event was taking place. The accused deceived the person, thinking they were consenting to intercourse with the same person. However, the accused tricked the victim and switched with another person.
- The accused threatened the victim with false imprisonment. Also, they stated they would kidnap the victim or harm their family. As a result, the victim was coerced into the act.
Different forms of rape in California
Forced Rape
rape lawyers in Carlsbad, CA, will argue the prosecution’s stance on forced rape. Law defines the accused using power, coercion, or pressure the victim to act. For example, the court will apply forced rape if the victim did not want to perform intercourse, yet the accused physically restrained her. Furthermore, if the individual uses force, the intercourse is rape.
Rape using threat
California rape laws state threats are forceful statements that the individual may perform if the victim does not follow instructions. Rape lawyers in Carlsbad, CA, will have trouble arguing threats because it lacks physical evidence. Common threats include the accused saying they will steal the victim’s money. Otherwise, the accused will perform the act.
Fraudulent rape
The Californian law states the fraud is
- Foremost, an individual paints a false representation of events
- Also, an individual misrepresents the truth
- Furthermore, someone conceals a fact
They intend to pressurize the victim so they may act according to their instructions. Individuals in higher authority can use their power to have sex. In addition, they will state that sexual act is necessary for professional growth.
Date Rape
You will not hear the term date rape in court. However, rape lawyers in Carlsbad, CA, use it frequently in informal conversations with their clients. Date rape involves drugs or force. The punishments are equally harsh as other forms of rape.
What are the different rape penalties in California?
In addition to fines, the accused faces different forms of penalties. As a result, the punishments adversely impact their life. Thus, making the jobs of rape lawyers in Carlsbad, CA, a lot tougher.
Prison Sentence
rape lawyers in Carlsbad, CA, are expensive because the illegal action is a felony. Consequently, their client may face a long jail sentence. The judge can send the criminal to eight years of prison time. However, the duration varies depending on the severity of the action and other elements.
Prison is a very tough punishment. Therefore, if the person on the stand is facing date rape charges, they must hire the best rape lawyers in Carlsbad, CA, to avoid the accusation.
Sex Offender
The penalties stretch beyond prison time. The court will convict the accused as a sex offender. As a result, they must register on local and national sex offender forums such as Megan’s website. The entry will mention their name, picture, address, and other relevant information.
Moreover, the criminal’s name stays on the website for several years. However, the convicted will have to register on websites for their lifetime in rare cases. The website registry is a severe punishment that hurts one’s social standing.
Limited Opportunities
Thirdly, reduced opportunities are a form of punishment that arises from court orders. If the judge aggravates the charges to a felony, it becomes difficult for the felon.
- Firstly, they cannot attain a loan.
- Secondly, they will face restrictions in obtaining a house.
- Thirdly, the committee can reject their school or university application
- They cannot join the military.
- Also, they cannot work in the education and other sectors.
How are rape lawyers in Carlsbad, CA, helpful?
The rape lawyers in Carlsbad, CA, employed at our firm, have years of experience in proving innocence. Here is how we do it:
- Firstly, our rape lawyers in Carlsbad, CA, will collect relevant information. Also, they will gather crucial evidence after examining the details
- Secondly, the lawyers will study medical and police testimonies for inconsistencies.
- Thirdly, the legal experts will carry out expert interviews. In addition, they will question witnesses for testimonies.
- Furthermore, our lawyers will handle all communication related to court.
- They will expertly represent you in court.
- Lastly, our rape lawyers in Carlsbad, CA, will review plea deals and other offers the prosecution makes.
Contact our rape lawyers in Carlsbad, CA, for their expert strategy.
- Firstly, our lawyers will build a strong strategy based on the lack of evidence. As a result, the client is disconnected from the crime.
- Secondly, the legal minds will prove the accusations have an ulterior motive. In other words, someone made them with malicious intent.
- Lastly, they will reduce charges to prevent severe punishments.
Contact Us for a free consultation.
Our rape lawyers in Carlsbad, CA, are looking forward to examining the accusations without obligations or zero risks. You can reach out to the expert minds day and night. However, we prefer you schedule an appointment for a detailed session.