What Is Rape?

Rape is forced sexual intercourse against someone’s will or without their consent.  California PC 261 defines rape in great detail. Rape can be a violent attack involving weapons, but it can also occur if you use threats or fraud to pressure someone into sex. Additionally, the prosecution can charge you with rape if the victim is incapable of consent in the eyes of the law, such as: 

  • Minors under the age of 18 or younger
  • Anyone with a serious mental, developmental, or physical disability
  • Individuals severely impaired by alcohol and drugs
  • Someone unconscious 

When alcohol or drugs are involved, it’s easy for false allegations to occur due to regret, poor memory, and misunderstandings. What’s worse is that the prosecutor can charge you with rape even if they don’t have any solid evidence of your guilt. Many cases involve the victim’s word against the defendant. To fight false rape accusations, you need to consult with skilled sex crime lawyers who specialize in this area of the law.

Time is critical when you face rape allegations. As soon as you consult with our Irvine rape defense attorneys, we’ll start constructing the strongest argument for your case. We have specialized in rape defense law for over 40 years. Protect your freedom and future. Call our office and speak with a knowledgeable rape lawyer today! 

Rape By Threat | PC 261

A threat is an action or statement that makes your accuser fear for their safety or someone else’s. In Irvine, you can be convicted even if you meant it jokingly or didn’t follow through with the threat. Since anyone can easily make up a threat and report it to the police. you need a Wallin & Klarich attorney with decades of experience fighting false rape accusations. Below, we’ve listed a few examples of rape by threat:

  • Saying you will kill the victim if they don’t have sex with you
  • Calling and saying you will kidnap your shared children if your ex doesn’t sleep with you
  • Pointing a knife or a gun at the alleged victim, forcing them to undress, and engaging in sex with them

Rape By Force | PC 261

Rape by force occurs when you overpower someone or you physical force to make them have sex with you. For example, the alleged victim goes to the police and says you held them down on the bed. 

Rape By Fraud | PC 261

Lying to the alleged victim to get them to agree to sex is considered rape by fraud. Many cases involve positions of authority. For example, a religious leader tells someone that they must submit to sex because it is a commandment from a divine being. The victim agrees, but the court may consider this rape by fraud under PC 261. 

Irvine Rape Prosecution | PC 261

When it comes to sex crimes, the Irvine prosecutors take all accusations very seriously and pursue rape convictions by any means available. The good news is that our skilled rape defense attorneys are just as passionate about proving your innocence. We have dedicated over 40 years to helping clients fight false sex crime accusations. For a successful rape conviction, the state must prove the elements below beyond a reasonable doubt:

  • You forced or pressured the victim into non-consensual sex
  • The victim did not give you consent to engage in sex with them. 
  • You made the victim have sex through force, fraud, or threats.

The alleged victim’s testimony alone can meet the prosecution’s burden of proof. You need a skilled defense lawyer pointing out inconsistencies in their testimony. Discover how we can help you defeat false rape accusations! Contact Wallin & Klarich for your free consultation today!

Rape Sentencing | Life-Changing Consequences

Under California’s Three Strikes Law, you face increased penalties for violent convictions, like rape. If you have two or more prior strikes on your record, you could spend 25 years to life in prison. Even without a criminal record, you face harsh penalties for rape in Irvine, including:

  • 3 to 8 years in prison
  • Felony probation
  • Lifetime sex offender registration (California Penal Code 290)
  • Strike on your record, which means you face double the penalty for future violent convictions

Professional and Personal Consequences

In addition to prison time, you can lose everything you’ve worked hard to build, including your family and career. Even when you’re released, you’ll face challenges rebuilding all you’ve lost and some things you just can’t get back, like time with your family and peace of mind. That’s not to mention the stigma forever attached to your name due to a sex crime conviction. Close relationships with family and friends may come to an abrupt end due to unfair judgment.

On top of all this, you’ll likely struggle with shame and anger. No one is ever prepared for a rape conviction and sex offender registration.

That’s why you must fight false allegations, and the best way to do that is to hire one of our skilled Irvine attorneys. At Wallin & Klarich, we understand the rest of your life hinges on this case. When you choose us, we remain dedicated to your defense from beginning to end, providing you with the one-on-one attention you deserve. With 40+ years of experience defeating rape charges, we’ll lead the fight to prove your innocence!  Call Wallin & Klarich today for the expert legal guidance you need.

Defense Strategies |  Defeat Rape Charges

With our help, you convince the court of your innocence. However, we must help you prepare for a legal battle. After investigating your case, we construct our argument around our findings. Then, we go to the prosecutor and point out weaknesses in their case to convince them to drop the rape charges. We also prepare a strong defense for trial. We’ve presented the following rape defenses in the past with successful results, including:

Insufficient Evidence:

We may be able to convince the Irvine prosecutor to drop charges by arguing they don’t have enough evidence to win the rape case. If successful, this could mean reduced charges or a dismissal. We can also argue for dismissal in court due to insufficient evidence. Even if the judge decides not to grant our motion, it may persuade the jury to doubt the prosecution.  

Accuser Consented:

Sometimes people engage in sex and later make a false rape report due to regret, shame, or drugs and alcohol. If someone has made a false report after consensual sex, we’ll ensure the court hears your side of the story. We will demonstrate to the court that you had a reasonable belief of consent. Our defense attorneys are skilled at cross-examining witnesses. With a series of pointed questions, we can turn a spotlight on inconsistencies illustrating the truth of the matter to the court. 

False Accusation:

Making false rape accusations is a crime. If someone has falsely accused you of rape, you need our skilled defense team on your side. We can conduct a thorough investigation to discredit your accuser’s story. For example, the alleged victim may have gotten jealous because you broke up and started dating another person. They may have sent text messages to you or other people showing their true motivation. We can also interview witnesses who were aware of their plan to get revenge. 

Our investigators will examine the alleged victim’s past to find evidence of similar situations which call their credibility into question.

We’ll explore every available avenue to help you defeat false rape allegations. Call Wallin & Klarich today and arm yourself with a strong defense team!

Choosing A Top Defense Attorney | We’ll Fight For You

With so many defense lawyers competing for your attention, it’s easy to get overwhelmed or choose the wrong one. When you choose a defense attorney, you need to evaluate what they can do for you. Do they have experience and a solid track record? Are your best interests their priority? Don’t just take their word for it. Consider how they make you feel as well. Wallin & Klarich has years of experience fighting legal battles and working with clients. It’s easy for us to articulate what we bring to the table that separates us from other defense firms. We are known for the following characteristics:

  1. Trusted Legal Advocates
  2. Exceptional Negotiators
  3. 40+ Years of Practice 
  4. Specialized Legal Expertise 

Trusted Legal Advocates | The Wallin & Klarich Difference 

You need to be able to trust your rape defense attorney. It’s bad enough you have to worry about the prosecution without having to wonder about your defense team. With Wallin & Klarich, you never have to question our loyalty. You’ll always receive one-on-one attention and genuine care when you visit our office. We are here for you when you need us, and we’re always prepared to fight for your best interests.

Exceptional Negotiators | 40+ Years of Success

You need a rape defense lawyer who understands the best way to negotiate inside and outside court. We’ve honed our negotiation skills during our 40+ years of practice, and we continue to strive for excellence. Find out how our expert negotiators can help you defeat false rape accusations in Irvine, CA. Contact us today toll-free at (877) 4-NO-JAIL or (949) 776-3424 for a free consultation with a local sex crimes attorney that you can trust! 

We’re here to help you!

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Irvine, CA 92614

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