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Los Angeles Rape Defense Law Firm 
Rape
In California, rape is defined as nonconsensual sexual intercourse involving force or threats. There are different types of rape charges including rape, date rape, statutory rape, spousal rape and oral copulation by force. These are all serious charges that result in severe punishment and a lifetime stigma of being labeled as a rapist. Anyone facing rape charges in Los Angeles has it in their best interest to immediately contact an experienced Los Angeles criminal defense attorney to discuss their case and obtain more information about their legal rights and options.
California Penal Code 261
"Rape is an act of sexual intercourse accomplished with a person…against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another." Penal Code 261 deems sex with someone incapable of giving consent rape as well. Having sex with someone that is asleep, unconscious, drugged or misled as to your true identity are also forms of rape.
Penalties for Rape
Rape is a felony under California law. When the crime is committed without the involvement of violence or force, it may result in a formal probation. When there is force involved, which is often the case, the penalties may include:
- Three, six or eight years in a California State Prison with additional years added if the victim has suffered great bodily injury
- Up to $10,000 in fines
- Required registration as a sex offender under Penal Code 290
- A potential strike pursuant to the California Three Strikes Law.
Additional Rape Charges
Rape is an offense by itself, but there are many additional charges that might come attached to such cases that could result in additional prison time:
- PC 288a - Oral copulation by force is when someone forces someone else to engage in oral copulation
- PC 261.5 - Statutory rape is when an adult has sexual relations with a minor. Under California law, individuals under the age of 18 may not give consent.
- PC 262 - Spousal rape falls under the umbrellas of rape and domestic violence. Being married to someone does not permit you to have nonconsensual sexual intercourse.
- Date rape is nonconsensual sex between two people that are dating or at least spending voluntary time together. It does not have its own penal code under California law because it is treated as rape and carries the same penalties as a rape conviction.
Defending Rape Charges
An accuser requires very little evidence to accuse someone of rape. As Los Angeles sex crime lawyers, we observe that many cases are based on false accusations. One of the most used defenses in a rape case involves the principle of "consent." The question that must be answered here is: Did the defendant have reason to believe that the alleged victim gave consent to have sexual intercourse? Consent is a complex issue because a woman can withdraw consent even when the sex act has begun. Some cases may involve mistaken identity where the rape victim was not able to see the offender and mistakenly accuses the defendant.
The Los Angeles sex crime defense lawyers at Takakjian & Sitkoff, LLP have years of experience handling all forms of rape cases in Los Angeles. The penalties for rape are extremely severe. It almost always involves prison time and a lifetime requirement to register as a sex offender. If you are facing rape charges, call the law offices of Takakjian & Sitkoff, LLP today to discuss your case and examine your options.
If you have been arrested for a rape offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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