LOS ANGELES RAPE DEFENSE LAWYER

Are you looking for a rape defense attorney in Los Angeles? Being accused of rape is an incredibly traumatic experience, and the consequences of a conviction can be devastating and long-lasting. If you or a loved one is facing charges of rape or sexual assault, it’s crucial to seek legal help as soon as possible. The attorneys at Tabibnia Law Firm specialize in criminal defense and are ready to provide the support and guidance you need during this difficult time.

Under California laws, rape is defined as sexual intercourse that occurs when the victim is unable or unwilling to give consent. There are several types of rape cases, including spousal rape, date rape, statutory rape, forcible rape, and oral copulation by force. These offenses are typically considered to be serious felonies, and they carry harsh punishments. The sentence imposed on a perpetrator depends on the circumstances of the crime, such as the age of the victim and the specific details of the offense.

What Qualifies As Rape in Los Angeles?

Rape can take various forms in Los Angeles and can occur when a person forces another person to engage in sexual activity without their consent. This can happen through physical violence, threats, blackmail, sexual coercion, or the use of drugs. It can also occur when the victim is unconscious, intoxicated, or asleep and the perpetrator takes advantage of the situation. It’s important to note that rape doesn’t have to involve traditional sexual intercourse, but can include other sexual acts such as oral or anal sex, as long as they meet the criteria listed above.

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.

Elements of Penal Code 261 Rape in California

In California, in order for a prosecutor to obtain a conviction for the crime of rape, they must prove four elements.

• First, they must establish that you and the alleged victim were not married at the time of the encounter (as spousal rape is a separate crime).
• Second, they must demonstrate that intercourse took place against the other person’s will.
• Third, they must show that you engaged in sexual intercourse by using force, violence, duress, menace, fear, or fraud.

These are the key elements that must be proven beyond a reasonable doubt in order to secure a conviction for the crime of rape in California.

The two most frequent types of bribery charges in California are:

Rape Penal Code 261 Penalties

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 Penal Code 261 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.
  

Let Us Build A Defense Against Rape Allegations

Being accused of rape is a serious matter and can have serious consequences. However, it is important to know that a 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 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.