Los Angeles Rape Defense Attorney
Are you facing rape charges in California? Get in touch with a Los Angeles sex crimes lawyer who will fight for you, no matter what.
If you have been charged with rape, you should understand the specifics of the charge against you. Rape is obviously a very serious charge. It is defined in PC 261. That section of the Penal Code defines rape generally as nonconsensual sexual intercourse. It is a felony punishable by up to eight years in prison, absent any enhancements or other conditions that could lead to an even longer sentence.
In addition to the charge itself, if you are accused of rape, many will assume you are guilty without the benefit of any facts at all. This will affect not only you, but your family as well.
“I felt like i was in nightmare. Chris literally saved my life.” – Jesus L.
At CBS Law, we understand the pressure that comes with being charged with a sex crime. We also understand that rape charges are sometimes fabricated or may be the result of misunderstandings between the parties. In other situations, there are defenses that could result in a dismissal or a not guilty verdict. Rest assured that our firm will do the necessary investigation and present the court with all possible exculpatory evidence, to provide you with the best chance of a successful result in your case.
How is Rape Defined Under California Law?
As noted above, rape is defined generally as nonconsensual sexual intercourse. Sexual intercourse means penetration of the vagina or the anus to any degree, by any part of the body or by an object. The question in many rape cases is whether the act was in fact consensual. The statute lists a number of situations which would support a charge of rape, including:
- By force. This can be the result of violence or other force, duress, or fear of injury to the alleged victim or to another person.
- Fraud. If the victim was induced to engage in sex due to fraud, including fraud consisting of a misrepresentation that the act was part of a professional service.
- Intoxication. Rape includes situations where the alleged victim was intoxicated, and was thereby prevented from resisting, and the fact of that intoxication was known to the other person. This includes intoxication which renders the alleged victim unconscious, asleep, or unaware of what was happening.
- Identity of person committing the act. If the alleged victim has intercourse with a person believing, as the result of fraud or concealment, that the person is someone other than the accused, this can support a charge of rape.
- Threatened retaliation. Rape may also be charged where the sexual act was accomplished through threats of retaliation in the future against the victim or another person, and it was reasonable to believe the threats could be carried out.
- Threatened arrest. If intercourse was the result of the accused threatening arrest, deportation, or incarceration (which is reasonably believed by the person threatened) using the authority of a public official.
There are many variations in possible rape charges. On the other hand, there are numerous defenses that can be raised.
“From the moment I met Chris, I knew I was in good hands.” – Kevin H.
Defenses to Rape Charges
While some rape cases may appear relatively straightforward, there are a host of situations in which the elements of the charge are unclear, at best. In situations where, for example, the alleged victim is unaware of what was happening, the law requires, in order to convict a person, that they were aware of the intoxication or other issue that prevented valid consent. A prime example would be if the person were drunk, and appeared to consent, but this fact was unknown to the person charged.
In some cases, the rape charge is the result of intentional accusations by the alleged victim, which could stem from relationship problems or other issues, and which is then used to retaliate against the accused. And in other cases, the charge could be the result of mistaken identification.
The defenses that may be applicable in your case will depend upon the specific facts of your case. An experienced Los Angeles sex crimes lawyer will examine all the facts and determine how best to obtain a successful result in your case.
Rape Defense Lawyer in Los Angeles
As noted above, rape is a felony, and anyone charged is facing the possibility of up to eight years in prison. That number is even greater if there is bodily injury, or if the victim is a minor. Rape can also be a “strike” under California’s Three Strikes Law. Finally, a rape conviction will trigger the requirement that you register under the sex offender law.
If you are facing a rape charge, you need an experienced sex crimes lawyer on your side. For additional information concerning the defense of rape and other sex crimes, contact Christopher Bou Saeed at CBS Law for a free consultation (213) 800-8005.
Do NOT speak to law enforcement or investigators about your rape charges, as that information can and will be used against you in a court of law.
Christopher J. Bou Saeed Founding Attorney of CBS Law