In a recent decision handed down by the California Courts of Appeal, 3rd District, the court ruled that there can only be one punishable offense of rape stemming from a single act of intercourse. This is true even if the act may be chargeable in separate counts involving a number of different circumstances specified in Penal Code 261.
The defendant in the underlying case, Larry Smith, faced criminal allegations including two counts of rape – rape of an intoxicated woman and rape of an unconscious woman. Both are circumstances provided for under Penal Code Section 261.
Smith first encountered the 40-year-old victim while drinking at a bar. Having taken medication earlier in the day, the victim vomited on the floor and wet her pants after her third drink. The bartender obtained a room for her at a hotel across the street. Smith and another man carried the victim to the hotel since she was unable to walk on her own. After checking the victim into the hotel, Smith returned an hour later to supposedly check on the victim. Later that night, the victim awoke and found herself undressed in the hotel room with Smith. She dressed and drove herself home that night. The next morning, the victim discovered that her tampon was logged far into her body, which led to her belief that she was raped. When she returned to the hotel the next day to confront Smith, he told her that she had initiated the sex.
Although only one act of sexual intercourse was shown, Smith was charged with two counts of rape. The trial jury found Smith guilty of both counts of rape – rape of an intoxicated woman and rape of an unconscious woman. On appeal, the 3rd District modified the judgment to strike the second rape count because it ruled that only one punishable offense of rape can result from a single act of sexual intercourse.
California law defines rape as an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, under certain enumerated circumstances that involve force, fraud, or invalid consent. Since rape is a felony offense, a conviction may result in a prison sentence for three, six, or eight years. As a sex crime, a rape conviction may also result in a lifetime obligation to register as a sex offender pursuant to Penal Code Section 290.
If you are facing rape allegations, it is very important that you seek the legal knowledge and expertise of a criminal defense attorney. At Wallin & Klarich, our attorneys have been in practice in Southern California for over 30 years. We will work diligently to best ensure that your rights are protected and vehemently represented. Call us today at 877-230-1528 or visit us online at www.wksexcrimes.com. We will be there for you when you call.
