35+ Years Criminal Defense Experience in California


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

falsely accused of rape in California
If you have been falsely accused of rape, you need an experienced criminal defense team.

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 a 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 30 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.

  1. Your accuser objected to the intercourse and expressed a desire to stop it;
  2. Your accuser communicated this objection through words or actions that a reasonable person would understand as a lack of consent; AND
  3. Despite the accuser’s objections, you forcibly continued the act of intercourse.

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

 false accusation of rape charge.
We will aggressively defend you from a false accusation of rape charge.

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 30 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 falsely accused of rape attorney
Let Wallin & Klarich protect your future. Call today for your free phone consultation.

Wallin & Klarich have successfully defended clients facing rape charges for over 30 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 30 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.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.