Rape is one of the most severe offenses in California. It involves having non-consensual sex with another person through fraud, force, or threats. A conviction for rape can carry up to eight years in prison and the requirement to register as a sex offender. This kind of conviction can severely affect your life unless your case is reduced or dismissed.
That's why you seek professional legal representation to help you reduce or dismiss your case. At the Riverside Criminal Defense Attorney Law Firm, we understand the sensitive nature of rape charges and are ready to work with you to ensure the best defense. Call us today and schedule an appointment.
Definition of Rape in California
California Penal Code 261 defines rape as having unconsented sexual intercourse with another person to whom you're not married at the time. Rape can only suffice if the accused accomplishes the action through force, violence, duress, fraud, or retribution.
Please note, the alleged victim must be alive at the time of the offense to be guilty of this offense.
Evidence Needed in Rape Charges in California
Prosecutors must prove beyond a reasonable doubt certain aspects of rape prosecution. These aspects are referred to as the elements of the crime and are as follows:
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Use of Force, Violence, etc.
A defendant must accomplish sexual intercourse through specific actions to be guilty of rape. The acts that define the use of force or violence are as follows:
- Violence: This means that the defendant intended to hurt or kill the alleged victim
- Force: This means that the defendant overcomes a person's will
- Duress: This refers to a form of threat that's sufficient enough to coerce someone into having unconsented sex
- Menace: This refers to threats, statements, or actions that show the intention to injure someone
- Fear: This means that the victim was reasonably afraid
- Fraud: This means using deceit or trickery to have unconsented sex with another person
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Sexual Intercourse
Under this statute, sexual intercourse refers to any form of penetration of the vagina or genitalia by the penis, no matter how slight it is.
Please note that ejaculation is not required for the action to suffice as sexual intercourse.
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Consent
A person can only be guilty of rape if the alleged victim didn't consent to have sex. Consent refers to agreeing to engage in activities with the full knowledge of their consequences.
You should note that a person can still be referred to have unconsented if they had initially agreed to the act and changed their mind during the action.
If this happens, sexual intercourse becomes unconsented if the victim had communicated to dissent via actions or words, and a reasonable person would have understood the alleged victim's intentions.
You should also note that an alleged victim doesn't necessarily need to fight back or physically resist while dissenting to sexual intercourse. Here is an example that explains this situation much better:
Mike and Mindy have been married for ten years and have an active sex life. Mike makes advances on Mindy, but Mindy isn't interested. However, he continues to advance as she continuously refuses to oblige. Mike feels that he's been ignored and starts to force himself on Mindy. He overpowers her and continues having sex with her, where she later reports him for rape.
In this example, Mike is guilty of rape since he forced himself on Mindy, regardless of her clear indications that she doesn't want to have sex.
California Rape Laws also protect the privacy of victims in the courtroom through California's Rape Shield Law. This law protects defendants from using past victims' past sexual history as evidence of consent. Look at the following example for a clear understanding of this concept:
Paul and Joan have been dating for a while. Joan tells Paul about engaging in a rape fantasy role play with her former boyfriend. Paul tries to engage in the role play with Joan, who constantly refuses.
If Joan uses this to accuse Paul of rape, she cannot use Paul cannot use her previous engagement in the role play as evidence.
Finally, some situations prove that there's no consent to sexual intercourse. Below is an example that explains this situation better:
Anita, a prostitute, is picked up by Jerome once she agrees to have sex with her. Jerome drives to an alley, and both enter into his car's backseat. He holds a knife against Anita and forces himself to her. Anita has no option but to cooperate.
Jerome is guilty of rape in this situation, even though Anita didn't verbally ask him to stop. The facts of the circumstances prove that she didn't consent to the action.
Certain people cannot consent to sexual intercourse. Therefore, you can still be guilty of rape if the court proves slight or actual penetration with such people. Those that are incapable of consenting include:
- Someone who's too intoxicated
- Someone with a mental disorder
- An unconscious person
The Penalties for Rape in California
Rape is a felony in California punishable by:
- Up to eight years of imprisonment
- Felony or formal probation
Defendants could face an additional three to five years of imprisonment if the alleged victim suffered a bodily injury during the commissioning of the act.
Imprisonment can also increase to a maximum of eleven years if the alleged victim is a minor below 18 years. If the alleged victim was below 14 years, the maximum prison term increases to 13 years.
Most rape convictions also require lifetime registration as a sex offender.
Deportation
A rape conviction also has negative immigration consequences. Rape is a crime that involves moral turpitude, making it a deportable offense. It also marks a non-citizen as inadmissible into the United States.
Effects on Your Gun Rights
A rape conviction can also have adverse effects on your gun rights. Under California gun laws, convicted felons cannot possess or own a gun. Therefore, since rape is a felony, a conviction would strip your gun rights.
Civil Penalties Associated with Rape Conviction
A rape victim can seek compensation against the defendant. They can sue the defendant for the following damages:
- Medical bills
- Lost wages
- Psychological counseling
- Pain and suffering
- Lost earning capacity
- Punitive damages, if the case is egregious
Please note that alleged rape victims can seek compensation even if the defendant wasn't convicted in a criminal trial.
What You Need to Know About Sex Offender Registration in California
California Penal Code 290 requires people convicted of specific sex crimes to register as sex offenders. Sex offenders should register every year within five days of their birthday and five days after moving to another residence.
Starting from 1st January 2021, rape convicts required should register as third-tier sex offenders.
What You Need to Know About Felony Probation in California
Anyone convicted for rape in California is eligible for a grant for felony probation along with the conditions attached to it. These conditions vary from one case to the other. However, some of the common conditions include:
- Attending monthly meetings with the probation officer
- Submitting to random drug and alcohol testing
- Participation in community service
- Submitting to a mandatory search by the police
- Payment or restitution to the victim
- Refraining from committing further crimes
In the case of participation in community labor, defendants should complete hard work through a court-approved activity. Some of the typical activities you can be forced to participate in are beach cleanup, Caltrans, and graffiti removal.
Additionally, you should pay restitution and mandatory court fees and fines. Defendants can request these fines and costs to be converted to additional community labor hours if they face financial hardship. However, this isn't possible with victim restitution, which must be paid as a condition of the probation.
Finally, felony probation usually imposes restrictions to travel out of the county. Defendants planning to travel should seek permission from the court and consent from the probation officer.
Please note that violating these probation terms and conditions can result in a revocation of the probation and reinstatement of the prison term. Judges have the discretion to impose substantial time in prison, more than the standard period that a convict would spend.
Judges can also reinstate your probation, but with appropriate modifications of stricter terms and conditions. This includes imposing additional community labor and jail time.
Collateral Consequences of Rape Charges in California
The first thought that comes into mind in a rape conviction is the possibility of paying a hefty fine or spending time in prison. However, there is more to fines, imprisonment, probation, or community services.
A rape conviction can lead to serious collateral consequences. Some of the collateral consequences that you can face are as follows:
- Difficulty maintaining a job
- Difficulty obtaining employment
- Problems traveling
- The possibility of losing your professional or business license
- Problems with child custody
These collateral consequences emphasize the importance of seeking professional legal services. These consequences carry permanent and negative impacts on the quality of your life.
Beyond the collateral consequences of rape charges, sex crimes are generally considered and treated differently. This primarily results from the societal view of sex crimes, specifically rape charges, as worse than all sex crimes.
Due to this prevailing attitude, district attorneys and other elected officials tend to fiercely pursue rape charges and publicize their arrests to satisfy their voters that they're tough on what's considered as the worst crimes.
In effect, rape charges have become the proverbial "political football." They have become more severe with the emergence of the #Me Too Movement of women who're coming forward to report current and past sexual abuses.
In this climate, someone accused of sex crimes, particularly rape, is presumed to be guilty of rape from the start. Therefore, you might end up experiencing some of the consequences of your allegations even before the charges are made.
How to Expunge Your Rape Conviction in California
Anyone convicted of rape could expunge their criminal record if awarded felony probation.
You should note that expungement doesn't apply if you receive prison time. Therefore, you cannot expunge your rape charges if you were convicted to a prison sentence.
An expungement releases you from all virtually penalties and disabilities from the conviction. Therefore, you don't have to disclose your previous rape charges to your potential employers when seeking a job. You should not disclose your former rape charges even after an employer makes it a condition for an offer of employment.
Common Legal Defense Strategies for Rape Charges
You and your defense attorney should raise a legal defense to contest the rape charges. Here is a rundown of the legal defense strategies that you can employ:
Consent
The focal element of rape charges is consent. In this defense, you will not deny having sexual relations with the alleged victim but will try to assert that the relationship was consensual. Therefore, you will prove to the court that you did not do the sexual act against the alleged victim's will. Here is an example that will help you understand how consent works as a legal defense strategy for rape cases.
John and Isabella go back to John's apartment after a date and starts to make out. They soon end up having sex. As they are having sex, Isabella finds this to be a bad idea and wishes to leave. However, she doesn't say anything to John, who continues with the intercourse.
If Isabella files rape charges against John, he is innocent since her failure to communicate held a reasonable belief that she had consented to the sexual intercourse.
Please note, you cannot use consent as a legal defense strategy if the alleged victim falls under people who cannot consent. This includes someone unconscious, suffering from mental illness, or someone who's too intoxicated.
Innocence
Innocence means that a defendant didn't engage in the said criminal action. You can use this defense if there is an alibi who can assert that you were in a different location at the time when the alleged crime took place. You can also present witnesses to confirm your whereabouts at the time of the said crime.
Other evidence that you can use include vehicle GPS data, store receipts, phone calls, and surveillance footage.
You can also claim that you were misidentified by the alleged victim in a police lineup. A victim can misidentify you as a rapist if you share the same height, build, or complexion. Victims can misidentify a defendant if the rape occurred in the dark or if the victim was in a state where they couldn't identify the alleged rapist.
If DNA is available, it can help identify your innocence since it provides a high degree of the evidence whether you were involved in the crime or were present at the scene of the alleged offense.
False Accusation
False accusations are common in California rape cases. An accuser can blame a defendant for rape out of anger, revenge, or jealousy. You and your attorney should assert beyond reasonable doubt that the basis of the charges was false to use this as a legal defense strategy.
Insufficient Evidence
Prosecutors must prove beyond reasonable doubt that you satisfy all the elements of the crime described above in your rape charges. Often, overzealous prosecutors bring rape charges without insufficient evidence that merits a conviction.
For instance, if an alleged victim brings these charges against you without medical evidence to back up the claim, you might have a strong case against the charges. You should speak to your attorney to evaluate the basis of your charges and determine whether there's enough evidence to prosecute you.
Insanity
You can also claim mental illness as a legal defense strategy against your rape charges. Insanity means that you cannot use your moral judgment from seeing your action as a crime. You must establish that you suffered from a mental defect that made you fail to understand the nature and consequences of your action at the time of the alleged offense.
Please note that you will be committed to the state hospital instead of being imprisoned if you can convince the jury that you were guilty of the rape charges due to insanity.
Crimes Related to Rape in California
Four crimes are related to rape in California. These crimes fall under the category of sexual crime. These crimes are as follows:
California Penal Code 261.5: Statutory Rape
Under California Penal Code 261.5 makes it a crime to engage in sex with a minor below 18 years. You can be prosecuted with statutory rape even if the minor willingly participated in the sexual relationship since the law deems minors incapable of consenting to sex.
Violation of Penal Code 261.5 is a wobbler. The age difference between the defendant and the alleged victim is the primary determining factor for the charges that you'll face. A defendant will most likely face severe penalties if the minor is below 16 years and the defendant is 21 years. In this situation, the defendant is at risk of up to four years of imprisonment.
California Penal Code 243.4: Sexual Battery
California Penal Code 243.4 prohibits touching another person's intimate parts, against their will, for sexual arousal, gratification, or abuse. Sexual battery is a wobbler. Felony penalties apply if the victim:
- Was unaware of the sexual touching since you presented the touching as a professional purpose like therapeutic purposes
- Was restrained unlawfully
- Was medically incapacitated or institutionalized
- Was forced to masturbate or touch the defendant's or accomplice's intimate part
A misdemeanor conviction for sexual battery is punishable by six months or one year in jail based on the circumstances of your arrest. You should also pay a fine of up to $2,000 or $3,000 if the victim is your employee. Additionally, a misdemeanor conviction carries at least ten years of registration as a tier one sex offender.
A felony conviction is punishable by 2,3, or 4 years of imprisonment and a fine of up to $10,000. Apart from that, a felony conviction can lead to lifetime registration as a tier three sex offender.
Finally, a sexual battery conviction subjects you to a civil lawsuit by the alleged victim. This means that you might have to compensate the victim for the damages incurred from the sexual battery.
California Penal Code 289: Forcible Penetration Using a Foreign Object
Under California Penal Code 289, it's illegal to forcibly penetrate another person's vagina or anus with a foreign object without that person's consent.
Forcible sexual penetration in California is a felony. Sentences include three, six, or eight years of imprisonment and a maximum fine of $10,000. A conviction can also subject you to a lifelong registration as a tier-three California sex offender.
California Penal Code 287: Forcible Oral Copulation
California Penal Code 287 defines oral copulation as a non-consensual contact between one person's mouth and another person's anus or genitals. The activity is unlawful if it results from violence, duress, menace, or fear, or it occurred because one person was intoxicated or unable to consent.
Forcible oral copulation is a felony punishable by:
- Three, six, or eight years of imprisonment.
- A maximum fine of $10,000.
These penalties will increase if the victim is a child below 18 years. The sentences will increase to:
- Six, eight, or ten years of imprisonment if the alleged victim is 14 years.
- Eight, ten, or twelve years of imprisonment if the alleged victim is below 14 years.
Forcible copulation can also subject you to lifetime registration as a sex offender. With this, you should register every year for the rest of your life or end up facing additional consequences for failing to register.
Find a Criminal Defense Attorney Near Me
The consequences of rape charges can be extreme. It's crucial to seek legal help whenever you're facing these charges. At the Riverside Criminal Defense Attorney Law Firm, we intend to ensure that you enjoy the best legal services and achieve the best results. We aim at dismissing your charges, reducing, or winning an acquittal at trial. Contact us today at 951-946-6366, and let us help you minimize the possibility of facing life-changing consequences from your rape charges.
