Rape Defenses – California Penal Code Section 261

Mistaken Identity
Many different factors can affect a victim’s ability to correctly identify an attacker, especially if the alleged rape occurred at night under dim lighting conditions. A victim’s ability to identify the culprit under these situations can be further frustrated if the assailant wore a mask or other disguise at the time of the attack. The perception of the victim is another factor that can lead to a false identification if her judgment was somehow influenced by the effects of substances, prejudicial police line-ups, or the emotional distress stemming from the incident. Your defense attorney can present evidence drawn from the circumstances that can question whether the victim has accused the right person.

Insufficient Evidence
An alleged victim can have little or no supporting evidence when accusing a person of rape. However, a conviction requires that the claims be substantiated by sufficient evidence. Depending on the circumstances of your case, your attorney can argue that the victim’s allegations are unsupported by sufficient evidence. For example, a victim’s failure to seek medical attention could result in a lack of physical evidence that would corroborate with her rape accusation.

False Accusations
Often times, individuals are falsely accused of rape stemming from a jealous rage or an attempt to extort or retaliate against the individual. A criminal defense attorney can help you overcome false accusations by turning the scrutiny on the “victim” and the credibility of her claims. In doing so, your attorney can present evidence of e-mails, voicemails, or other communications that can demonstrate the victim’s dubious motive. Your defense lawyer may also draw attention to the victim’s history of rape allegations by presenting evidence showing that the victim has made false accusations on other unrelated occasions.

Consent
You cannot be guilty of rape if you actually and reasonably believed that the victim consented to the intercourse. This would be true even if the victim initially consented, but later changed her mind. As long as she had failed to clearly communicate to you that she no longer wanted to participate in the sexual act, you cannot be expected to know of this lack of consent. Therefore, you cannot be held guilty of rape or sexual assault if it was reasonable under the circumstances to believe that you had the victim’s consent.