Are You Being Falsely Accused of Rape (PC 261) in California?
Act Now if You Have Been Falsely Accused of Rape Under Penal Code 261 PC
A false rape accusation will have a devastating impact on your life. If convicted of rape in California, you will face a mandatory state prison sentence. In addition, you will be
required to register as a sex offender (PC 290) and pay up to $10,000 in court fines.
The embarrassing stigma associated with a rape accusation can impact you in many ways. If you are convicted of rape, you will likely not be able to find employment or enjoy normal family life.
If you are being falsely accused of rape, you need to speak to a skilled criminal defense attorney immediately. With so much at stake, you deserve the best legal representation possible. The Law Offices of Wallin & Klarich have over 40 years of experience successfully defending clients accused of rape and are ready to help you win your case.
Why Would Someone Falsely Accuse Me of Rape?
Unfortunately, individuals make false accusations of rape for a variety of reasons. Below are a few common examples. It is important to remember that a false accusation of rape will not necessarily lead to a guilty verdict.
1. Shame:Your Accuser May Be Ashamed of Voluntary Behavior
Your accuser may have consented to sexual intercourse, but is now ashamed of her voluntary behavior.
2. Revenge: Your Accuser May Be Seeking Revenge For A Perceived Wrongdoing
The alleged victim may have falsely accused you in order to seek revenge for a perceived wrongdoing. Once the false accusation is made, your accuser may be reluctant to withdraw it due to potential criminal charges and a loss of support from friends and family.
3. Shielding an Affair: Your Accuser May Feel Guilty Of Affair
If the sexual intercourse resulted from an affair, your accuser may feel significant guilt or embarrassment. The alleged victim may make a false accusation in order to preserve a marriage, reputation or other interest.
4. False Identification:Your Accuser May Not Be Able To Identify His/Her Attacker
The alleged victim may have mistakenly identified you. For example, consider the following hypothetical situation. Last night, you and a few friends went to the local bar to drink and find someone to “hook up” with. You are all drinking at the bar with an attractive female. After multiple drinks, your friend convinces her to return to his place to have intercourse. The alleged victim wakes up the next morning after “blacking out” and identifies you as the person that she left the bar with.
What if the Accuser Initially Consented to the Intercourse? Isn’t this a defense?
Consent is an absolute defense to rape under California Penal Code 261. However, if the victim consented to the intercourse, but later changed her mind, you may still be found guilty of rape. In order for the prosecutor to prove that a rape occurred where the alleged victim initially consented to intercourse, he or she must prove the following three things.
- Your accuser objected to the intercourse and expressed a desire to stop it;
- Your accuser communicated this objection through words or actions that a reasonable person would understand as a lack of consent; AND
- Despite the accuser’s objections, you forcibly continued the act of intercourse.
How Long Can You Go to Jail for False Accusations?
Certain lies can get you in trouble with law enforcement. If you make false accusations against another person with the intention of getting them in trouble, you can be charged with a crime yourself. In California, it is a misdemeanor to falsely accuse someone of a crime that you know they did not commit, and you may face arrest and a criminal conviction if you do so. The penalties for making false accusations include up to 6 months in county jail and possible fines. If you are worried that you may have made false allegations to the police, contact a skilled defense attorney before doing anything else to avoid incriminating yourself.
Why You Should Retain the Rape Defense Attorneys at Wallin & Klarich to Assist You
The experienced criminal defense attorneys at Wallin & Klarich are familiar with a number of successful defenses to a false accusation of rape. From the moment that you retain us, we will investigate the underlying facts and begin to reveal the accuser’s true motives.
Our Strategies to Defend You Against False Accusations of Rape in California
Your accuser’s statements to the police may be sufficient without other evidence to have the police arrest you for rape. Therefore, it is imperative that you hire a criminal defense attorney willing to aggressively defend you. It is critical that you refuse to speak to the police about the facts of your case until you have retained our law firm to help you.
At Wallin & Klarich, we carefully scrutinize the evidence, and closely examine the credibility of all witnesses as we prepare a winning defense strategy for your case. The skilled rape defense attorneys at Wallin & Klarich utilize a number of strategies to give you the best chance of prevailing. For example, we will investigate emails, voicemails, and other communications between you and the accuser (or a third party). Our attorneys will also review evidence of any prior false allegations made by the complaining witness. We will look into the prior criminal background of your accuser. Armed with this comprehensive factual knowledge and over 40 years of legal experience, our attorneys will zealously represent your interest.
Insufficient Evidence
The prosecution must prove that you committed the alleged rape beyond a reasonable doubt. The skilled attorneys at Wallin & Klarich conduct thorough discovery to ascertain whether this significant evidentiary burden can be met. For instance, if your accuser alleged that a rape occurred, but failed to seek medical attention afterwards, then this evidence may help to didpute a false accusation of rape.
In addition, if the alleged victim failed to communicate her belief that she was raped to any other person for a substantial period of time, this lack of “reporting” can be used to attack the credibility of the alleged victim.
Accuser’s Consent
The prosecution may not convict you of rape under California Penal Code 261 if you had a good faith belief that your accuser consented to the intercourse. Our attorneys will work diligently to uncover any facts indicating that your accuser reasonably consented to the intercourse.
What Wallin & Klarich Can do for You
Wallin & Klarich have successfully defended clients facing rape charges for over 40 years. Our law firm has an extensive knowledge of all the defenses to a rape charge and the litigation process. We have had numerous charges dismissed or dramatically reduced due to our experience and knowledge. We do everything in our power to convince the prosecutor that he or she will not able to convict you of rape. This often leads to very favorable outcomes for our clients. When you are facing a serious felony charge, such as being falsely accused of rape in California, don’t you deserve the experienced criminal law firm of Wallin & Klarich fighting for your freedom?
Wallin & Klarich has over 40 years of experience successfully defending our clients accused of rape throughout Southern California and helping them avoid jail time. Our offices are conveniently located in Orange County, Los Angeles, Ventura, West Covina, Torrance, Sherman Oaks, Riverside, San Bernardino, Victorville, and San Diego.
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.
