In California, rape is a serious crime that can be accompanied by severe penalties for a person who is convicted. Being accused of committing rape can cause all that is good in your life to come crashing down around you, and it is difficult to know where to turn for help restoring your life to normalcy. If you are accused of this crime, contact a rape defense lawyer to learn more about your rights under the law and what options you have as a defendant.
In Section 261 of the California Penal Code, rape is outlined as a sex act where consent is not given by one of the involved parties, or cannot be obtained due to a variety of reasons. Some of those reasons include: the party was developmentally disabled and thus incapable of providing consent, the party was asleep, unconscious or otherwise lacked cognizance at the time of the act, the party was afraid for their life due to threats made against them, or the party believed the alleged perpetrator to be someone other than themselves at the time the act took place.
Rape can take different forms, and each rape case may be charged differently depending on the type of rape alleged to have taken place. Spousal rape involves a non-consensual sex act with one’s marriage partner, while statutory rape involves a sex act with a person under the age of legal majority (age 18 in the United States), regardless of whether verbal consent was obtained at the time of the act.
Imprisonment, fines, and restitution payments to the alleged victim are all possible penalties a person convicted of rape in California may face. Typically, these punishments take several factors into account, including the age of the alleged victim and the relationship between the alleged victim and the accused, as well as whether or not force or threats were part of the alleged act. Tens of thousands of dollars in penalties may also be faced by someone who is charged with raping a minor. Since rape is classified as a sex crime, the convicted party will also face compulsory sex offender registration, meaning that their status as a convicted sex offender will be open to the public on a registration list and that this status has to be disclosed to potential landlords and employers. All of these penalties can have devastating consequences for the accused.
A rape charge can cause serious damage to your life as you know it as well as your reputation. If you live in the Bay Area and have been accused of rape, you will need an experienced and knowledgeable rape defense lawyer in Brentwood. The expert legal team at Okabe and Haushalter can defend you against the criminal charges that have been leveled against you and will fight to have your side of the story be heard in a court of law. Courtroom excellence is not just a goal for us, it’s a promise. Call today for a free case evaluation.
