Los Angeles Rape Defense Lawyer
If you or someone you care about is facing rape allegations, you understand the severe consequences that can result from such accusations.
Being accused of rape can have immediate and devastating effects on both personal and professional aspects of your life. It can strain relationships, lead to the loss of career opportunities, and cause financial hardships long before the legal proceedings begin.
Hire a skilled criminal defense attorney as soon as possible if you or a loved one is facing rape charges.
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Case Review
The California criminal justice system is known for its swift and aggressive prosecution of rape cases. However, an attorney can protect not only your right to due process under the Constitution but also your personal freedom and reputation.
Under California Penal Code 261 PC, rape is defined as engaging in non-consensual intercourse by force, threats, fraud, or with a victim who is unconscious or incapable of giving consent.
To secure a conviction for rape, a prosecutor must prove specific facts known as the “elements of the crime.”
The elements of rape include:
- Engaging in sexual intercourse with the alleged victim. Any form of penetration, regardless of the extent, is considered sexual intercourse for the purposes of this offense.
- Not being married to the victim at the time of the incident. If you were married, a separate crime known as “spousal rape” may be applicable.
- Lack of consent from the other person involved. Consent is a voluntary and informed agreement to engage in sexual activity.
- Non-consensual intercourse was achieved through threats, force, fraud, or by having intercourse with a victim who was unconscious or unable to provide consent.
These elements must be proven beyond a reasonable doubt by the prosecutor to secure a conviction for rape.
Examples:
Example 1: Rachel invites her friend David over to her apartment for a movie night. During the evening, Rachel begins to kiss David and he reciprocates. However, when Rachel tries to take things further and have sex with David, he says no and tells her that he is not interested. If Rachel continues to pressure David and they have sex anyway, it could be considered rape.
Example 2: Lisa and Mark have been dating for a few weeks. One night, they go out drinking and end up back at Mark’s apartment. Lisa tells Mark that she doesn’t want to have sex, but he continues to try and persuade her. Eventually, Lisa gives in and they have sex. Even though Lisa initially said no, if she consented later, it would not be rape. However, if Lisa continued to resist and Mark used force to have sex with her, it could be considered rape.
Example 3: Alex and Sam have been dating for a few months. One day, Sam tells Alex that they want to try something new and suggests a particular sexual act. Alex agrees to try it, but later decides that they don’t like it and asks Sam to stop. If Sam continues to engage in the sexual act despite Alex’s request to stop, it could be considered rape.
Rape Crime Penalties California
If you are found guilty of rape according to California Penal Code 261, it will be considered a felony conviction. As a result, you will be required to register as a sex offender in Los Angeles, and you could face up to one year in county jail or three to eight years in a state prison.
However, in some cases, the penalties can be much more severe. For example, if the victim suffered critical injuries, you could face an additional three to five years in prison and up to $10,000 in fines.
- If the victim is under the age of 18, the sentence could range from seven to 11 years in prison.
- And if the victim is under the age of 14, the sentence could be even more severe, ranging from nine to 13 years in prison.
Furthermore, certain convictions may be considered a “strike” under California’s Three Strikes Law, which applies to individuals convicted of three or more serious felony offenses. If you receive your third strike under the law, you will automatically be sentenced to 25 years to life in prison, regardless of the statutory penalty for the offense.
Defenses For Rape Charges
Defending against a charge of rape in California can be challenging, but it’s not impossible. There are a few possible defenses that one can consider:
- False Accusation: Unfortunately, an accuser can make an accusation without any evidence. Therefore, it is possible to argue that the accusation is false.
- Consent: Sometimes, an accuser initially consents to sexual activity but later changes their mind and does not effectively communicate the withdrawal of consent. In such cases, one may argue that the sexual activity was consensual.
- Insufficient Evidence: In some situations, there may be no physical or medical evidence to support the rape allegation. This makes it a “he said/she said” situation, which may be difficult to prove beyond a reasonable doubt.
- Mistaken Identity: If the accused is not known by the accuser, it may be possible to argue that the accuser may have mistaken the accused for someone else. In such cases, it may be possible to provide evidence to show that the accuser’s identification of the accused was influenced by the police.
Case Review
Choose Cyrus Tabibnia
Cyrus has over 20 years of experience handling criminal and civil cases in CA. You work directly with him, not a paralegal or junior associate; he’s handling your case personally. He speaks English, Persian, and Spanish, so he can communicate with many families in their preferred language.
He has a deep familiarity with Los Angeles courts, and an understanding that this isn’t just a legal matter; it’s the worst thing that’s happened to you and your family.
Hire Rape Crime Defense Lawyer Los Angeles California
Being accused of rape is a serious matter and can have serious consequences. However, it is important to know that a Los Angeles based skilled defense attorney can help you by thoroughly examining the facts of your case and building the strongest possible defense on your behalf.
If you have been accused of rape, the prosecutor has the burden of proving beyond a reasonable doubt that you not only were present at the alleged incident, but also that the other person did not give their consent. A good sex crime defense attorney can carefully review all of the evidence in the case, including physical evidence, witness accounts, and testimony, and use it to challenge the prosecution’s arguments.
Cyrus is a highly experienced criminal defense attorney in the Los Angeles area, with a particular focus on sex crimes cases. If you are facing rape charges, he offers a free case evaluation and can help you understand your legal options. Give him a call today at (866) 713-2159.
