Rape is not a crime that is taken lightly in the state of California, and being accused of this crime can be life-altering in all the wrong ways. Even if you are not convicted, being accused of rape is damaging to your reputation and could impact employment and housing prospects in the future.
Going up against rape allegations is something you should never do alone—you deserve a strong defense in the court of law. If you are an L.A. local and are facing a rape charge, call a Manhattan Beach rape defense lawyer at Okabe & Haushalter today to find out more about your defense options under the law.
Under Section 261 of the California Penal Code, rape is defined as non-consensual sexual intercourse. While this definition may seem quite clear on the surface, the complexity of the legal definition of “consent” can be a factor that complicates some rape cases. For example, if a person has a developmental disability and that disability is determined to potentially impact their judgment or reasoning abilities, then that person may not legally give consent to a sex act even if they agree to the act verbally or in writing. Consciousness and cognizance also play a role in consent. Although a party may agree to intercourse, if they later claim to have not been cognizant due to drug or alcohol intoxication, for example, then they can accuse the person they had intercourse with of raping them. Also, if someone accuses another person of having intercourse with them while they were asleep or otherwise unconscious, that could be construed as rape under state law since unconscious people are not able to provide consent.
Presenting a powerful defense strategy may be one of the only ways you can avoid the harsh penalties associated with a Manhattan Beach rape conviction. Rape is always a felony under California law. If you are found guilty, you could spend up to eight years in state prison and be ordered to pay restitution to the victim. Additionally, you could face up to thirteen additional years in prison if aggravating factors were present. Such aggravating factors could include:
Other criminal penalties you could expect a face if you are found guilty of rape charges in Manhattan Beach could include completion of community service, court-ordered mental health counseling, court order substance-abuse treatment, parole or probation requirements, and registration as a sex offender.
Under California Penal Code 290, individuals convicted of rape may be required to register as a sex offender with their local lawn Forssman agency. Generally, convicted sex offenders will be ordered to register their status within five days of their birthday or within five days of moving into or out of the area.
Depending on the severity of the charges against you, you may be required to register as a tier one, two, or three sex offender. California follows a three-tiered registration system as follows:
In the vast majority of rape cases, if you are found guilty, you will be considered a tier-three sex offender and will be required to register as a sex offender with the Manhattan Beach Police Department when you move into the area.
But criminal penalties and sex offender registration requirements are not the only consequences you will face if you are convicted of rape in Manhattan Beach. You can expect a conviction to haunt you for the rest of your life. Some of the other types of fallout you might experience could include:
These are just a few of the more common types of consequences you could face if you were found guilty of rape in Manhattan Beach.
Since a conviction will remain on your record for the rest of your life, it has never been more important for you to stand up and defend yourself in court. Contact an experienced rape defense attorney in Manhattan Beach to further discuss your potential defense strategies.
Even if you committed no crime, false allegations of rape can permanently impact your life and reputation. If an alleged victim has confused you with the actual perpetrator, or if a malicious acquaintance wishes to smear your good name, you could end up at the wrong end of a false rape allegation. If this is the case, you are strongly encouraged to seek legal counsel immediately so you can minimize the damage done by these allegations.
If you are being charged with rape, a capable defense attorney can help you get the charges thrown out or reduced, depending on the unique circumstances of your case. An attorney is your courtroom advocate, and they can keep you informed of your case’s progress and be straightforward with you about what your real options are as a defendant.
Have you been accused of rape in the L.A. area? A Manhattan Beach rape defense lawyer from Okabe and Haushalter can assist you with your legal case. You have the right to a defense in court, so choose the best. Our attorneys are experienced and knowledgeable, skilled in criminal law defense tactics, and have a track record of proven results that speak for their courtroom excellence. We will work with you to get the best outcome for your case, and we offer free consultations for all potential clients. Call today to find out how we can put our legal expertise to work for you. Fill out our secured contact form and we will contact you to schedule your confidential defense strategy session.