According to California Penal Code 261, rape is a criminal offense. The law classifies rape as having sex with anyone who isn’t your spouse under threat, coercion, force or fear. In most cases, rape occurs when you overcome the victim’s free will and have sex against their will. However, the court can charge you with rape even if the victim doesn’t resist. The punishment for rape includes an eight-year sentence in a state prison or a maximum fine of $10,000 or both the fine and the prison sentence. The law also requires you to register as a sex offender. The crime also counts as a violent felony according to the California three-strikes rule.

Do you or your loved one live in Anaheim or the surrounding area and are facing rape charges? Look no further than the California Criminal Lawyer Group. At our firm, we have highly skilled attorneys who have been representing clients in Anaheim for more than 25 years. At California Criminal Lawyer Group, we will fight to ensure you receive a favorable outcome. Don’t hesitate to give us a call today!

Definition Of Rape According To California Law

According to the law, rape is the use of fear, duress, threats or any other means to have sex with a person against their will. The prosecutor must prove certain tenets for you to be found guilty of the offense. The prosecutor must show that you had sex with the alleged victim. They must also prove that you and the other person weren’t married, you didn’t have the other person’s consent, and you used threats or force to have sexual intercourse with the victim.

According to California law, you can only be charged with rape if the victim was alive when you committed the alleged crime. The court can’t charge you with rape if you believe the victim consented to the act of sexual intercourse. According to the law, sex means any type of penetration, and it doesn’t matter how small it is. The penetration can either be anal or virginal. Remember, you don’t have to ejaculate for the court to find you guilty of rape.

The lack of consent according to the law means a person didn’t act freely, voluntarily, or know the act’s nature. According to the law, the victim can consent to sex but later on change their mind. If you continue with the act after the person changes their mind and tells you to stop the act, but you continue, the court may charge you with rape since the person has withdrawn their consent.  A person can withdraw their consent through words or actions. The law doesn’t require the victim to fight back or physically resist for you to be charged with rape.

According to California law, certain individuals can’t consent to sex. Therefore, the court can find you guilty of the offense if you have sex with these individuals. According to California PC 261, they are incapable of consenting to sexual intercourse. These individuals include a person who is too intoxicated, a person who has a mental disorder, and an unconscious person.

Penalties For Rape Under California Law

The penalties for rape Under PC 261 include a prison sentence and fines or both. If found guilty, the court can send you to prison for a maximum of eight years or charge you a fine of up to $10,000. The court can also send you to prison and charge you a fine.

In California, the law also classifies rape as a violent crime. If you’re convicted of rape, the offense is stipulated as a “strike” in your criminal record under the “three strikes” law. If you commit two other offenses, which count as “strike” crimes in California, you could spend twenty-five years in state prison. You also have to register as a sex offender.

The court can also sentence you to formal probation. You can also face an additional three years in state prisons if you caused great physical harm during the act. The judge can also impose additional prison time if the victim is less than eighteen years. In such a case, the court can sentence you to a prison term of up to eleven years. If the victim was less than fourteen, the court could sentence you to a maximum jail term of thirteen years.

Defenses You Can Present Against Rape Charges

You can present various defenses to the accusation of rape. Some of the most common defenses against rape include no sexual intercourse, false accusation, consent and insufficient evidence.

  1. Consent

The prosecution can’t convict you of rape if the victim gave their consent. Also, you aren’t guilty of rape if you truly believed the victim gave their consent. For example, you go to a party where you meet a girl, and the girl becomes interested in you and you end up having sex. During the sex, the girl feels guilty since she has a boyfriend but doesn’t tell you to stop. In such a case, the court can’t find you guilty of the offense since the girl consented and she didn’t change her consent at any time.

  1. You Didn’t Have Sex

For the prosecution to find you guilty of the crime, there must be sex involved. For you to be guilty of the offense, there must be penetration. You can state in your defense that you may have committed certain acts with the victim but didn’t commit any sexual intercourse. You can state you only made out, but there wasn’t any penetration.

  1. False Accusation

You can state the alleged victim is accusing you falsely. Unfortunately, false accusation is quite common in California for sex-related changes. The victim may falsely accuse you due to jealousy, revenge, anger, or personal vendetta. You can always state the accusations are false.

Can You Be Deported If You Are Convicted Of Rape In California?

In California, a rape conviction usually has adverse effects. You have to register as a sex offender, your reputation is tainted and worse still it affects your immigration status. If you are a non-citizen, you will be deported and marked as inadmissible, which means you can’t gain access to the country again.

Can You Be Expunged From A Rape Conviction?

You can only be expunged if the court grants you felony probation. However, according to California law, you can’t be expunged if the court sends you to prison. You can only be expunged if you serve your sentence in county jail but not in prison.

Are You Allowed To Own A Gun After A Rape Conviction?

In California, your gun rights will be greatly affected if you are convicted of rape. According to the law, no convicted felon should own a gun. And since rape is a felony under California law, you will be a convicted felon if the court finds you guilty of rape. Therefore, your right to own a gun will be stripped away.

You Can Sue For Rape In California

According to the law, you can sue a defendant for rape or sexual assault in California. You can sue them for medical bills, pain and suffering, anxiety, insomnia, lost wages, lost earning capacity and counseling charges. According to the law, you can sue the attacker for damages even if the court didn’t convict them of the crime.

Forcible sexual penetration with a foreign object.

In California, penetration with a foreign object depends on the subsection by which you are charged. You can commit the crime by causing fear or using force, committing the crime against a person with a disability, an unconscious person, or an intoxicated individual.

Other Rape Related Sex Crimes In California

Rape is usually closely related to other sex crimes. These crimes include statutory rape, spousal rape, sexual battery, forcible penetration with a foreign object and forcible oral copulation.

Forcible Sexual Penetration With A Foreign Object By Force Or Fear

According to California law, you can be charged with forcible sexual penetration with a foreign object by force or fear if the prosecution proves certain elements of the crime. The prosecutor must prove you used a foreign object, instrument, or device to penetrate the victim sexually. The victim didn’t give you their consent, and you used fear, duress, or menace to accomplish the sexual penetration.

  • Definition Of Sexual Penetration According To California Law

According to California law, the prosecutor can charge you with sexual penetration if you use a foreign object for sexual gratification, abuse or arousal. You can be charged for penetration of the anus or vagina no matter the duration or size of the penetration. You can also be charged if you force the victim to penetrate the anus or vagina of another person. The prosecutor can also charge you with the offense if you force the victim to penetrate their anus or vagina with a foreign object.

According to the law, a foreign object is any object apart from your sexual organs, and any other body part like your finger or tongue, according to the law, is a foreign object. You can be charged with the crime even if you only penetrate the “labia majora” or outer vaginal lips.

  • What The Prosecution Must Prove To Charge You With The Crime

The prosecutor must prove the victim didn’t give you their consent for the act. Consent means the victim acted voluntarily and freely, and they understood the nature of their actions. The court will not consider consent even if you are dating or were dating with the victim or were married or married to the victim or the victim requested you use a condom.

The prosecution must also prove you used force, violence, duress, menace, the threat of causing bodily injury to force the victim to participate in the act.

Forcible Sexual Penetration With A Foreign Object Of A Disabled Individual

The prosecution can also charge you with forcible sexual penetration even if you don’t use force or menace, or a threat of any kind. You can be liable for the crime if you commit the act with a person who has a mental disorder or physical disability, which hinders them from fully comprehending the consequences and nature of the act.

Penalties For Forcible Sexual Penetration With A Foreign Object

The court can sentence you to formal probation. However, the court can only sentence you to formal probation if you committed the offense to a disabled person. The court can also sentence you to a three, six- or eight-year prison sentence. The court can also charge you a maximum fine of $10,000 or send you to prison and also charge you the fine.

Defenses You Can Present Against Forcible Sexual Penetration With A Foreign Object

You can present various defenses in California against these charges. You can state that the victim consented to the act and that it’s a false accusation.

  • The Victim Gave Their Consent

For the prosecutor to find you liable, they must prove the victim didn’t consent to the act, and you can state that the victim indeed did consent to the act.

  • It’s A False Accusation

You can also state it’s a false accusation. The victim may accuse you falsely for various reasons, including revenge, malice or anger.

In California, forcible sexual penetration with a foreign object is always charged as a felony.

Statutory Rape

Statutory rape is when you engage in sexual intercourse with a minor. A minor is anyone below the age of eighteen. You can be charged with statutory rape even if the sexual encounter was consensual or the minor initiated the sexual encounter.

For the prosecutor to charge you with statutory rape, they must prove various elements of the crime.  They must prove you had sexual intercourse with the minor. According to the law, sexual intercourse involves any penetration, no matter how minimal, even if you don’t ejaculate. The prosecutor must also prove you weren’t married to the victim at the time of the intercourse, and the complainant was under eighteen when you had sex. The law doesn’t require the prosecution to prove you used violence. Your age and the age of the alleged victim are critical in the sentencing. The sentencing will depend on the alleged victim's age and the age difference between the two of you. The law requires the prosecutor to prove your age at the time of the sexual intercourse.

How Age Is Determined According To California Law

In California, the law considers you one year older at 12:01 or one minute after midnight on your birthday. Remember, the court can charge you with statutory rape even if you are also a minor. However, not many prosecutors charge teenagers for having sex with each other, provided its consensual.

Penalties For Statutory Rape According To California Law.

In California, statutory rape is a wobbler, which means the court can charge it as a felony or a misdemeanor.  Three circumstances determine if the court will charge the offense as a misdemeanor or a felony, and these circumstances will also determine the penalty for the offense.

The court will always charge statutory rape as a misdemeanor if you aren’t more than three years older than the alleged victim. The court will either charge the offense as a misdemeanor or a felony if you are more than three years older than the alleged victim. If the victim is under sixteen and older than 21, the court will charge the offense as either a felony or a misdemeanor. However, the felony penalties will be more severe. The district attorney will consider your criminal history and the facts of the case.

In states with the Romeo and Juliet law, it’s legal for you to have sex if you are around the same age as your partner. However, it’s a crime to have sex with a minor in California, even if you are a minor too.

  • Penalties For Statutory Rape Charged As A Misdemeanor

If the court charges the offense as a misdemeanor, the judge can sentence you to an informal or summary probation. The judge can also sentence you to a maximum of one year in prison or a fine of up to $1,000. The court can also send you to jail and charge you the fine.

  • Penalties For Statutory Rape Charged As A Felony

If the court charges the offense as a felony, the judge can sentence you to informal or formal probation. The judge can also sentence you to a maximum of one year in county jail. The judge can also sentence you to sixteen months, two or three years in jail. However, if you were 21 years and the victim was less than sixteen at the time of the offense, the court can sentence you to two, three or four years in jail. The court can also charge you a maximum of $10,000.

  • Civil penalties for statutory rape

In addition to the above-stipulated penalties, you may also face civil penalties. Civil penalties are additional fines the court forces you to pay. The court can only force you to pay these fines if you’re older than eighteen.

Defenses You Can Present Against Statutory Rape

You could present several defenses against statutory rape. Some of the defenses include:

  • You Believed The Victim Was Over Eighteen

The prosecution can’t charge you with statutory rape if you believed the alleged victim was over 18. You can state the victim informed you they were over 18 and you were convinced that’s the truth because of their general appearance and attire. You can also state you met the victim at an adult-only party or venue and you had no reason to suspect they are underage.

  • False Accusation

Another defense you can present against statutory rape is a false accusation. You can state the alleged victim is accusing you falsely out of anger, resentment or revenge. Sometimes, the alleged victim’s parents or family may also accuse you of rape if they don’t approve of your relationship with their son or daughter.

Unlike PC 261, you cannot present consent as a defense against statutory rape. According to the law, minors aren’t mature enough to give consent and appreciate the consequences of their actions.

Spousal Rape

Another crime closely related to rape is spousal rape. Under California PC 262, it’s a criminal offense to have sex with your spouse against their will or without their consent. Spousal rape is charged as a felony with a possible jail term of up to eight years. The prosecutor can charge you with the crime of using force, violence, fear or duress to have sex with your partner against their will. You can also be charged with spousal rape if you use drugs, alcohol or other controlled substance to make it impossible for your partner to resist sex. The prosecution can also find you guilty of the crime if you threaten to kill, injure or kidnap your spouse if they refuse to have sex.

According to the law, sexual intercourse is any penetration, and it doesn’t matter how small it might be or how long it took. You also don’t have to ejaculate for the court to find you guilty of the crime. According to the law, consent occurs when the victim understands the nature of the activity they are about to engage in, acting freely and voluntarily.

Defenses You Can Present Against Spousal Rape Charges.

You have a right to defend yourself against spousal rape charges. You can state the victim gave their consent, the victim isn’t your spouse and that the accusation is false.

  1. The Victim Gave Their Consent.

You can only be convicted of spousal rape if you had sex without your spouse’s consent. You can therefore state in your defense that the victim consented to the sex.

  1. The Alleged Victim Is Not Your Spouse

Another defense you can present is to state the alleged victim isn’t your spouse. According to California law, you can only be charged with spousal rape if you are married to the alleged victim at the time of the act. However, even if you weren’t married, the court may find you guilty of rape under PC 261.

  1. False Accusation

You can also state the accusation is false. The alleged victim may make false accusations due to jealousy, envy or hate. The prosecutor may drop the charges if you can prove the alleged victim has any motive to accuse you falsely of rape.

Penalties For Spousal Rape In California

In California, marital rape is always charged as a felony. The penalties for spousal rape include an eight-year sentence in state prison, a fine of up to $10,000 or both the jail sentence and the fine. You may also have to register as a sex offender.

Call A Anaheim Criminal Defense Lawyer Near Me

Rape charges can have a devasting effect on your life. Your reputation suffers. You can face huge fines or spend a long time in prison if found guilty. If you are facing rape charges, it’s critical to seek the services of a well-experienced defense attorney. If you or your loved one is facing rape charges in Anaheim, do not hesitate to contact California Criminal Lawyer Group. We have been representing clients facing rape charges in Anaheim and the surrounding area for more than 25 years. Do not hesitate to contact us at 714 766 0965 for a free consultation.