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California Penal Code 261 | Rape

Posted in California Law,Sex Crimes on July 23, 2024

Rape is one of the most serious felony offenses someone can be charged with in California, carrying harsh penalties that can impact the defendant for years to come. If you are facing these charges, it is essential you understand them and how to defend against them. Our experienced Riverside sex crimes attorneys are available to help you defend against these charges.

How California Defines the Crime of Rape

California Penal Code § 261 PC defines rape as having nonconsensual sexual intercourse by means of threats, force, or fraud. To be convicted of this crime, the prosecution must be able to prove by proof beyond a reasonable doubt all of the following legal elements to secure a conviction against a person charged with rape:

  • The defendant had sexual intercourse with the alleged victim.
  • The alleged victim did not consent to the intercourse.
  • The defendant had sexual intercourse through any of the following means:
    • Force
    • Violence
    • Duress
    • Menace
    • Fear of immediate and unlawful bodily injury
    • The threat of future retaliation
    • Threatening to use the authority of a public office to incarcerate, arrest, or deport someone

Lack of consent can be proven through the alleged victim’s statements or actions, a mental disorder, a developmental or physical disability, the victim’s impairment by drugs or alcohol, or the victim’s unconsciousness.

Several specific legal definitions are involved in this crime, and the slightest factor can influence whether the defendant committed the offense based on the letter of the law. The Law Offices of Graham D. Donath, APC, provides personalized attention to every case and client. Our sex crimes lawyers can thoroughly investigate your case and determine viable defenses based on solid legal foundations.

Penalties for Rape

Rape is charged as a felony. If convicted, you could face up to eight years of prison and be sentenced to felony probation. You would also be required to register as a sex offender for life.

Certain factors can increase the potential sentence a defendant receives. For example, if the victim sustains great bodily injury, the defendant can be sentenced to an additional three to five years in prison. If the alleged victim was a minor under 18, the defendant could be sentenced to up to 11 years in prison or up to 13 years in prison if the victim was under the age of 14.

Call the law offices of Graham D. Donath, APC for assistance

Defenses for Rape

Various defenses may be available if you are accused of rape, such as:

  • Consent – There may be evidence that the victim consented and may be claiming rape because they regretted the sexual act.
  • No sexual intercourse occurred – The crime of rape involves sexual intercourse, not simply sexual contact. If no intercourse occurred, the crime of rape did not occur.
  • Lack of knowledge – You may have lacked knowledge about factors that made the victim incapable of consent, such as that they were impaired by drugs or had a mental disability.
  • False allegations – The alleged victim may be lying about the incident for revenge or mistook you for someone who actually committed the crime.

Our legal team can explore all options for favorably resolving your case, which may include engaging in prefiling intervention or negotiating to get the charges dropped or reduced.

Contact Our Riverside Sex Crimes Attorney For Confidential Consultation

Graham Donath is an award-winning and board-certified Riverside criminal defense lawyer with decades of experience representing people accused of crimes and defending their rights. Contact us to learn more about how we can help with your defense.