MENU

Riverside:

(951) 667-5293

Orange County:

(714) 758-5293

who you hire can make all the difference

Mr. Donath has spent his entire career defending people and standing up for the rights of the accused.

request a free consultation
  • former deputy public defender

    As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law. 

  • award winning certified criminal law specialist

    Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.

  • a true passion for defending the accused

    Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.

Request Consultation

request a free confidential consultation

*all fields are required
  • This field is for validation purposes and should be left unchanged.

California Penal Code 264.1 | Gang Rape

Posted in California Law,Sex Crimes on August 19, 2024

Rape is a serious crime in California. Prosecutors pursue these cases even more aggressively and seek enhanced penalties when the offense involves multiple people acting in concert, otherwise known as gang rape. If you are accused of this serious offense, prosecutors are building a case against you every day. Level the playing field by hiring a knowledgeable sex crimes lawyer in Riverside to protect your rights.

What Is Gang Rape?

Rape occurs when someone uses force or violence or commits non-consensual intercourse with another person against their will. California Penal Code 264.1 applies when two or more people commit these acts together or one aids and abets the other. Under this language, it doesn’t matter if the second actor did not commit the sexual act, only that they assisted the first one to commit rape. Both can be charged with the offense and face the same penalties.

Of note, aiding and abetting in this context means:

  • You knew the defendant’s intent to rape
  • You intended to help them commit rape
  • You assisted, facilitated, or encouraged the criminal act by words or deeds

Being convicted of this crime does not even require that you personally engaged in a sexual act or were physically present when the crime occurred. If you called the victim to a location, knowing the other person intended to rape them, you could be charged with this offense. Instigating the crime is enough to meet these legal elements, even if you were not the primary offender.

Penalties for Gang Rape

Gang rape can result in severe penalties. This offense is charged as a felony and can result in a violent strike under the Three Strikes Law. The specific penalties depend on the alleged victim’s age, as follows:

  • 18 or older – Up to 9 years in prison
  • 14-17 – Up to 11 years in prison
  • Younger than 14 – Up to 14 years in prison

These penalties are in addition to any underlying rape conviction.

Additionally, you will be required to register as a sex offender if you are convicted of this offense.

Need legal advice? Our sex crimes attorney can help

Are There Defenses to Gang Rape?

Fortunately, you may be able to raise viable defenses to potentially avoid these harsh consequences. For example, you may not have had the requisite intent or knowledge for the prosecution to meet its burden of proof. You may have been unaware of the other actor’s intent and were not physically present when they raped the victim. Or, if you were aware, you could have withdrawn your intent to aid and abet, which may help you avoid criminal culpability.

The underlying sexual act may have been consensual, and the alleged victim may be claiming rape now that they regret it. The alleged victim may have made up the whole story to seek revenge or gain an advantage in some other case. The victim could have also misidentified you.

In some cases, law enforcement may violate a defendant’s constitutional rights and obtain evidence by conducting an illegal search or coercing a confession. In these instances, our legal team can consider filing a motion to suppress the evidence that was illegally obtained.

Contact Our Law Offices for a Confidential Consultation

You are not alone. The compassionate criminal defense legal team at the Law Offices of Graham D. Donath, APC is ready to do everything possible to protect your legal rights. We can discuss how we can help during a free and confidential consultation you can arrange by contacting us online or by calling (951) 667-5293.