Being accused of rape can come as a shock to the system, and it can be difficult to know what steps to take if these allegations are leveled against you. The prospect of prison time and sex offender registration is daunting, but a knowledgeable defense attorney can help you fight your legal charges in court and work toward a positive outcome for your case. If you have been accused of committing the crime of rape, contact a rape defense lawyer at Okabe and Haushalter to discuss your legal rights and options.
At Okabe and Haushalter, we feel confident that we can represent our clients in court regardless of the type of rape allegation they are facing. This includes the following:
Not all rape cases involve the use of threats, force, or overt coercion. For example, if a party convinces another person that they are a celebrity and that other person consents to intercourse with the supposed celebrity, the party pretending to be a celebrity could be charged with rape due to the deception used to “lure” the other party into intercourse with them.
California Penal Code Sections 261 through 269 define rape as being sexual intercourse that has taken place without legal consent. The penalties for those convicted of a rape charge vary depending on such circumstances as the age of the alleged victim and whether or not force was used in the alleged commission of the act. However, all persons convicted of a rape charge face compulsory sex offender registration under California Penal Code Section 290.
Just because all involved parties verbally said “yes” to intercourse does not mean that legally valid consent has been obtained. Under the law, a party can only consent to sex acts if they are over the age of legal majority and are fully cognizant with total control over executive function. This may seem simple enough, but if a party has had alcohol or taken a medication that may cause drowsiness prior to intercourse, they may not be capable of legally consenting to a sex act because of their potentially impaired judgement due to possible intoxication. Similarly, if a party has agreed to intercourse but is determined to have a medical or developmental condition that affects executive functioning, their assent may not be consent under the law.
If you are facing rape charges, a rape defense lawyer in Palos Verdes is just a call or a click away at Okabe and Haushalter. Our aggressive defense attorneys are criminal law specialists, and our history of getting solid results for our clients has earned us our reputation of providing courtroom excellence at every step in the legal process. We can evaluate your case at no charge to you, and we may be able to get charges reduced or thrown out entirely. Call today to find out more about how we can advocate for you in court.
