Criminal Defense Attorney

Serving Southern California

Rape Defense Attorney

Sexual Assault Defense Attorney in Temecula

According to the California law, rape in Temecula is defined as sexual intercourse without the consent of both people involved. There might be several types of rape cases, for instance, date rape, statutory rape or spousal rape. All of these are serious offenses under California law and may lead to major consequences including fines, lengthy prison time and compulsory registration as a sex offender. In case you are accused of rape or sexual assault, ensure that you contact an experienced lawyer to offer you more information concerning your rights and options.

Rape Defense Attorney

California Rape Law

According to California Penal Code 261, rape refers to a sexual intercourse act accomplished without the other person’s consent under the following conditions:

  • Where an individual cannot give consent due to a physical disability or mental disorder
  • It is done against an individual’s will by force, duress, menace, violence or fear of direct and illegal bodily injury on the individual or another
  • The person was asleep, unconscious, without cognitive capabilities or a fraud victim
  • Where one is prevented from resisting the act by use of an anesthetic substance or intoxicant
  • The act is conducted by someone in an authoritative position with a threat to deport or incarcerate the victim

Rape Consent Laws in Temecula

Consent is a major issue in every rape case. The prosecution has to prove that the sexual intercourse was accomplished without the approval of the victim and against their will. The consent issue is very complex. For instance, just because the victim and the defendant were once dating, it doesn’t obviously mean there is implied consent. In case the victim said “no” or declined at any point during the act, it means the act was committed against one’s will. Nevertheless, if the sexual act happens with willing involvement on the part of the persons concerned who are both adults, then, it cannot be termed as rape.

Types of Rape Cases

Rape Charges and Penalties in Temecula, California

An individual in Temecula can be found guilty of rape or sexual assault if sexual intercourse was accomplished against the victim’s will. Any form of sexual penetration, however slight, is enough to complete the offense. If you are convicted of rape, you face up to 8 years imprisonment in state prison and hefty fines.

The number of years spent in prison could go up further if weapons were involved in the offense or if it was committed against a child. If convicted, you will also have to register as a brutal sex offender. This is a life-threatening consequence as any public member can search for your information along with a photograph and home address on the website of the Department of Justice.

 

In case you or a loved one is facing rape allegations in Temecula, please contact experienced defense lawyer, Robert E. Levy to get more information about developing your defense. He will tirelessly fight the charges staged against you and worked thoroughly to get the charges reduced or dismissed. Remember, rape allegations may destroy your relationship with the people you love and might also put your job and life in line. As such, it is important that you get professional, legal representation for your case.

Rape Consent Laws
PLEASE CONTACT ROBERT E. LEVY FOR YOUR FREE CONSULTATION AND APPOINTMENT