In California, Penal Code section 261 defines rape as an act of sexual intercourse with a person not the spouse of the perpetrator when accomplished against a person’s will by means of force, violence, or duress. In order to convict a person of this crime, the prosecution has the burden of proving that such individual was engaged in sexual intercourse with the victim, that the victim was not his or her spouse at the time of the offense, the intercourse occurred without the consent of the victim, and that it was accomplished under any of the specified conditions listed by the statute.
Rape is a very serious crime that is punishable by imprisonment in the state prison for three, six, or eight years. However, if a person commits rape upon a child who is under 14 years of age, the court must sentence such person to state prison for up to 13 years. If the crime is committed upon a minor who is 14 years of age or older, the person must be punished by imprisonment in the state prison for 7, 9, or 11 years. Such conviction may trigger a possible “strike” for the purposes of California’s three-strikes law. A rape conviction may also incur a court-ordered mandate to register as a sex offender pursuant to Penal Code Section 290.
If you have been accused of rape, you will need an experienced criminal defense attorney to vigorously represent you. At Wallin & Klarich, we have helped people accused of this crime for over 30 years. Call us today at (888) 764-2615 or visit us at our website at www.wklaw.com/rape-penal-code-261. We will be there when you call.