The stigma associated with accusations of rape can ruin your life. Not only can it ruin your reputation, career, and family, it can devastate your emotional well-being. At The Justice Firm, our Los Angeles rape defense attorneys are 100% dedicated to protecting your legal rights and freedom. We will work vigorously to provide you with outstanding legal guidance and representation, always seeking to obtain positive results.
In California, being arrested or charged with rape is a very serious matter, one that could impact your life and freedom forever. When you are accused, it is highly advised that you contact a capable and experienced criminal defense lawyer immediately. In the early stages, it may be possible for your attorney to discover evidence which would minimize the damage or even prevent charges being filed. The sooner you contact us, the sooner we can begin work on your case.
There are four categories of rape in the state of California. These include:
- Forcible rape
- Spousal rape
- Statutory rape
- Rape in concert
Forcible rape is the act of engaging in sexual intercourse with an individual who is not your spouse, and which is done against the victim's will.
Spousal rape is forced sexual intercourse with a wife without her consent, also sometimes referred to as wife or marital rape.
Statutory rape, sometimes referred to as sex with a minor, is sexual intercourse with a person younger than 18 other than a spouse or wife.
Rape in concert occurs when another individual aids and assists someone who is committing rape, and who does so voluntarily. The person who assists does not have to be present at the scene, or participate in the sex act.
All of the above categories include other circumstances which determine what offense an accused perpetrator will be charged with.Criminal Penalties for Rape in California
The penalties for a rape conviction depend on the circumstances of your case, your criminal history, and other factors. Criminal penalties if found guilty include substantial fines, prison time, a possible "strike" under California's Three Strikes Law, and registration as a sex offender.
If convicted of forcible rape, you will face consequences which include up to eight years in prison; an additional three years may be added if the victim suffered great bodily injury. The penalties for spousal rape are the same. Statutory rape will leave the defendant facing a maximum of three years in prison, if the difference in age between the perpetrator and victim is 3 years or less.Orange County Rape Defense Attorneys Fighting to Protect Your Freedom
In order to be proven guilty of rape, prosecutors must prove certain elements beyond a reasonable doubt. These elements include:
- The accused engaged in sexual intercourse with the alleged victim (complete penetration is not required to prove this element).
- The accused was not married to the alleged victim at the time of the sexual encounter (this is a separate crime from spousal rape).
- Even though the other person did not consent, intercourse took place.
- You used violence, fear, force, menace, duress, or fraud to engage in sexual intercourse with the alleged victim.
Los Angeles rape defense attorneys understand that it is difficult for prosecutors to prove every element of rape. We vigorously defend our clients, fighting all allegations and/or evidence brought forward by prosecutors.Contact The Justice Firm now
Allegations of rape should be taken very seriously. Whether you have been falsely accused and are under investigation, or have been arrested or charged, do not waste time before contacting a capable Los Angeles criminal defense lawyer. At The Justice Firm, we treat every client as if they were a member of our own family, using all of our skill, experience, and knowledge to secure the best possible outcome. Contact us today at 310-914-2444.