Rape Overview – Penal Code 261

As defined under California Penal Code Section 261, the crime of rape is an act of sexual intercourse with a non-spouse that is accomplished with the use of force, threat, or fraud. The crime of sexual assault occurs when it is perpetrated against the will of the victim and under circumstances where:

force, violence, duress, menace, or fear of immediate and unlawful bodily injury is threatened against the victim or another person;

• the victim is incapable of giving legal consent due to a mental or physical disability;
• the victim is prevented from resisting due to the influence of drugs or alcohol;
• the victim is unconscious or unaware of the nature of the act;
• the victim is induced by fraud or false pretenses;
• the victim submits to threats of retaliation in the future against the victim or another person; OR
• the victim submits to threats of incarceration, arrest, or deportation by use of public office.

To convict you of this offense, the prosecution has the burden of proving that you engaged in sexual intercourse with the victim – that the victim was not your spouse at the time of the offense – the intercourse occurred without the consent of the victim – and that you accomplished the intercourse under any of the listed circumstances.

A conviction may result in a jail sentence for a period of up to eight years in state prison and a possible “strike” on your record 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 in California pursuant to Penal Code Section 290.

To ensure that your rights are adequately protected against such criminal charges, an experienced defense attorney can raise any applicable defenses on your behalf. Your attorney can help you maintain your innocence, for example, by presenting evidence that the alleged victim consented to the intercourse or that you were mistakenly identified as her assailant.

If you are facing charges of rape, it is critical that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience helping client defendants against rape charges by carefully analyzing the details of their case to formulate the best possible defense strategy. Call us today at 877-230-1528 or visit us online at www.wklaw.com. We will be there for you when you call.