What Is Rape?
Rape is any sexual intercourse that occurs against the victim’s free will and involves threat, force, or fraud. Both parties must freely agree to the sexual act. If a person consents at first and later withdraws consent by saying to stop or through actions, continuing to have sex with the individual can lead to a rape charge. It’s important to note that even penetration with a foreign object or even slight penetration is rape. If you’re charged with rape in Riverside, you should immediately contact Wallin & Klarich. Just being accused of rape can ruin your reputation, relationships, and even your career. Call us today for your free consultation at (877) 4-NO-JAIL. We will fight to clear your good name!
California Penal Code 261 defines rape as an act of sexual intercourse that occurs under any of the following circumstances:
- The victim was mentally, developmentally, or physically disabled. Under California law, they may be incapable of consent.
- Rape was accomplished against a person’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
- The victim was unable to resist because he/she is too intoxicated, and the accused knew or should have known the victim was intoxicated.
- The victim was “unconscious of the nature of the act” or incapable of resisting because he/she was sleeping or wasn’t aware the alleged rape occurred.
- The accused used fraud to persuade the victim that it was a professional service.
- The victim gives consent to a certain person but is tricked or deceived into having sex with someone else that he/she doesn’t know.
- The accused threatens kidnapping, false imprisonment, or harm to the victim or another if she/he does not have sexual intercourse with the accused.
Rape By Means Of Threat | PC 261
Threats are statements promising retaliation by causing harm to the victim or another person if the victim does not do what the accused demands. For example, if you hold a gun to the victim’s head and have sex with her, this could be considered rape by means of threat. If you threaten to harm her children if she does not comply, you could also be found guilty of rape by means of harm.
Rape By Force | PC 261
California law defines force as any form of power, violence, or pressure directed at another person or object. In a rape case, holding a victim down, hitting the victim, or even threatening violence could warrant rape under PC 261.
Rape By Fraud | PC 261
California rape laws define fraud as intentionally making a false representation of the truth or concealing an important fact in order to persuade someone to act to his/her own disadvantage. If someone in a position of power tells the victim she must have sex with him for professional purposes, this is considered rape by fraud.
Riverside Rape Prosecution| PC 261
If you’re charged with rape in Riverside County, the prosecutor will aggressively pursue your conviction. California has several statutes that outline what actions are considered non-consensual sexual intercourse. For a rape conviction in Riverside, the prosecution must prove the following elements beyond a reasonable doubt under California Penal Code 261 including:
- You had sexual intercourse with the victim
- The victim was not your spouse
- The alleged victim did not consent or agree to the sexual intercourse
- You used threats, force, or fraud to make the alleged victim have sexual intercourse.
While it may seem unlikely that the prosecution can prove all the above elements beyond a reasonable doubt, it is possible for the prosecution to convict you with only the alleged victim’s testimony. The jury must decide who to believe, you or the victim. If the jury believes the victim’s testimony beyond a reasonable doubt, you can be convicted of rape in Riverside County and sentenced to prison, with or without any medical evidence or other witnesses to prove your guilt. The law states any witness testimony is enough to establish the fact. This is why you should never attempt to defend yourself, even if you are innocent. The best thing you can do is immediately retain a skilled rape defense lawyer from Wallin & Klarich to help you fight rape charges.
Rape Penalties | What You’re Facing
A rape conviction can destroy your life. It is a violent sex crime and is always charged as a felony, which means the stigma of this conviction will stick with you for the rest of your life. If you’re convicted of rape in Riverside County, the court can sentence you to the following:
- 3, 6, or 8 years in state prison
- Felony probation
- Lifelong registration as a sex offender under California Penal Code 290
- Strike under California’s Three Strike Law
- If the victim was a minor, you would face a sentence of 7 to 13 years in state prison.
Note: Spousal rape, also known as marital rape, was covered under California Penal Code 262. Assembly Bill 1171 repealed PC 262 in 2021. Spousal rape is now held to a similar standard and punishment as non-spousal rape under PC 261.
Professional and Personal Consequences
If someone accuses you of rape in Riverside, other people will quickly rush to judgment and start gossiping. This can cause problems before your trial even begins. A conviction will only make matters much worse. With a felony rape on your record, potential employers and landlords may refuse your application in favor of another candidate, even when the law forbids them to do so. Supporting yourself financially with a felony conviction is extremely difficult. Additionally, your conviction could cause a rift in your close circle of family and friends, as arguments arise over what actually happened and who is right or wrong. With so much stress, it’s easy to get overwhelmed. This is why you need an experienced rape defense attorney to aggressively fight to prove your innocence. Contact us today for your free consultation and let us help you.
Defenses For Rape | How We Can Help You
It’s challenging for an inexperienced attorney to defend rape charges. However, our skilled rape defense attorneys have over 40 years of experience defending rape cases in Riverside County. First, we can attempt to get a dismissal of your rape charge before trial. However, if your case goes to trial, there are a number of credible defense strategies for rape, and with our experience, we can present them in a convincing way. Some of the defense strategies we’ve used successfully in past rape cases include:
False accusations occur in many rape cases. This can be due to the alleged victim being jealous, angry, or because they wanted to get revenge. The prosecutor can charge you with rape just for the victim reporting the false accusations to the police. No other evidence is required.
Although the prosecution has the burden of proof, you need to have an experienced defense team on your side to gather any proof of your innocence. To successfully fight false rape accusations, you need to hire an experienced Riverside rape attorney who can investigate every detail of your case.
When you hire Wallin & Klarich, our rape attorneys will immediately begin scrutinizing the credibility of the alleged victim and all witnesses to find inconsistencies in their stories. But we don’t stop there. We analyze emails, voicemails, and other communications from the accuser to you or others. We’ll also look at the accuser’s background to see if there are any instances of false allegations in the past. We use a wide range of strategies to build a solid defense based on the facts of your case.
If you believe the alleged victim consented to sexual intercourse, your defense attorney could present this strategy to the court. Under California Penal Code 261, the prosecution cannot convict you of rape if we can show that you really believe the alleged victim gave consent for the sexual act. Once your attorney claims this defense, the court will look at all the details of your case and decide whether you had reasonable belief consent was given.
Although the prosecutor can convict you with only the victim’s testimony, a skilled defense attorney from Wallin & Klarich could argue that there is not enough evidence to prove you committed the rape. This defense must be presented in a compelling way to create reasonable doubt in the juror’s minds. The good news is that we have over 40 years of experience presenting solid, convincing arguments. Remember, the prosecutor must prove you committed the rape beyond a reasonable doubt. In fact, we’ve often seen cases where a prosecutor filed rape charges with insufficient evidence.
For example, the alleged victim says you violently raped her at a party, but the prosecutor has no evidence from the hospital or doctors to support her claim. In this case, insufficient evidence could be a solid defense. Speak with one of our experienced attorneys today for your free consultation and learn more about how we can help you prove your innocence.
Mistaken Identity/Accuser’s Inability To Identify Aggressor
There have been many instances of the victim identifying the wrong person, resulting in the accused being arrested, charged, and sometimes convicted of rape. If the alleged victim was unable to clearly identify her attacker at the time of the crime, mistaken identity may be a strong defense for your case. The victim may have an impaired ability to identify his or her attacker for a number of reasons such as being under the influence of alcohol or drugs, suffering from a medical condition, or because it was too dark to see.
For example, you meet a woman at a bar and flirt with her. You notice she is getting tipsy, and when she wanders off, you decide to go home. A couple of days later, you are charged with rape. In this case, the woman might only remember bits and pieces of the night because of drinking, and she may have been drugged by her attacker as well. Mistaken identity could also happen if you look like the attacker, and the police think you fit the description.
Hiring A Riverside Defense Attorney | How We Can Help You
When you’re facing criminal charges, it’s extremely important to hire a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe four (4) key aspects separate an average attorney from the best defense attorney.
3. Track record
4. Ethos – Credibility
Wallin & Klarich | 40+ Years of Experience Defending Rape Charges
With over 40 years of experience defending clients accused of rape, our attorneys at Wallin & Klarich understand the different strategies that work in the courtroom based on the details of each case. We’re also familiar with the prosecutors, which gives us the advantage of knowing their strategies as well. Our real-world experience allows us to craft a strong defense, greatly increasing your chance of success.
24/7 Communication With Your Attorney | The Wallin & Klarich Way
At Wallin & Klarich, communication and transparency are the foundation of our success. It’s easy for clients to get lost in all the paperwork and legality. We want you to know what’s happening with your case, so we keep communication open and honest, taking the time to listen and address your concerns. This is why so many people choose our attorneys when facing accusations of rape in Riverside. With 24/7 lines of communication and expert guidance throughout their legal journey, our clients are happier and more well-informed. Working together, we’re able to achieve the best results.
Let’s begin building the strongest defense for your case. Give us a call at (877) 4-NO-JAIL.
Track Record of Success | Wallin & Klarich History of Winning Cases
Anyone can say they’re successful, but tangible results speak for themselves. We want you to be just as confident in our abilities, so we invite you to look at some of our client’s success stories and big wins in the courtroom.
Reputation & Ethos | Wallin & Klarich A Reputation You Want on Your Side
With hundreds of lawyers claiming to have extensive experience defending clients charged with rape in Riverside, it is challenging to choose the right law firm to defend you. For more than 40 years, we’ve defended cases involving rape, and many of our cases have been featured on television, in newspapers, and throughout the internet. Check out some of our most notable cases below.