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Rape Charge Defense

There are many factors that can lead to rape charges, resulting in prosecution for a sex crime. Rape occurs when an individual engages in the act of sex with another person who does not consent or is unable to consent. Rape is a felony and should be taken very seriously. If you are accused of rape, you should act quickly to obtain aggressive defense. Rape convictions can seriously alter the rest of your life by leading to a long imprisonment, destruction of your reputation, and even incarceration for life if the conditions warrant this action. A representative from our California criminal defense firm can help you fight the rape charges you are facing.

Rape Laws

Statutory rape is when an adult has sex with an individual under the age of 18, even if the minor consents. Rape charges can be filed if the victim is forced into sexual intercourse or is mentally incapable of consenting to the act. Even if there was consent, but it was forced out of fear of injury, severe penalties can result, especially if the act leads to murder. Date rape is a sex crime that occurs when an individual was drugged or intoxicated and unaware of the situation. Rape in California is defined in Penal Code §261. There are four different categories of rape:

  • Forcible Rape - Intercourse with another person against his / her will and without consent
  • Spousal Rape - Intercourse with a spouse with the use of force or without consent
  • Statutory Rape - Intercourse with a minor under the age of 18
  • Rape in Concert - Intercourse with the assistance of another person to commit the act

Consequences

In California, forcible rape is prosecuted as a felony that is punishable for a minimum of three and a maximum of eight years in prison. Registration as a sex offender is also mandatory. Spousal rape punishment is also three to eight years in state prison and requires lifetime sex offender registration. Statutory rape is prosecuted as a misdemeanor if the age difference is only three years or less. If the perpetrator and victim have more than a three-year age difference, the sentence can be punishment in county jail for up to one year if charged as a misdemeanor or up to three years if charged as a felony. The punishment for rape in concert depends on the degree and type of rape.

Criminal defense attorneys from our firm have defended many people charged with rape during our years in practice. If you are charged with, or being investigated for, rape, it is vital to enlist the assistance of a lawyer at once. We stand for justice and can help you through the situation you are currently facing. You can speak with one of our criminal defense lawyers from Rodriquez Lewis & Kahn by calling today!

213.267.9790

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