Wallin & Klarich Attorneys Explain Defenses to a Rape Charge under Penal Code 261 PC
Are You Being Charged with Rape?
If you are accused of rape under California Penal Code 261, you should not take the charges lightly. Even if you are falsely accused of rape, the legal penalties and potential negative social stigma you will be subject to if you are convicted can be devastating and life-altering. Fortunately, with the help of an experienced law firm, you can greatly increase your chances of winning your case, reducing the charges or reducing your punishment at sentencing.
The attorneys at Wallin & Klarich have over 40 years of experience defending clients against accusations of rape under California Penal Code 261. The moment we take your case, we employ the most effective defensive strategy based on the facts and circumstances of the charges. Some of the potential defenses our attorneys can raise on your behalf include:
- The accusation of rape was false;
- You obtained consent from the person prior to sexual intercourse; or
- This is a case of mistaken identity, and you are not the person who committed the rape.
Falsely Accused of Rape
Unfortunately, people often bring false allegations of rape crimes. A person’s statements to the police are often enough to cause a prosecutor to pursue rape charges against you. In
order to fight false rape charges, you need the assistance of an experienced California rape attorney who will scrutinize the credibility of the witnesses against you and attempt to discredit any false testimony through establishing what actually occurred.
The moment our rape lawyers at Wallin & Klarich take your case, we will employ a wide array of different strategies, such as investigating emails, voicemails, and other communications between you and your accuser or your accuser and a third-party. We will also examine your accuser’s criminal history for any evidence of past false accusations. Using this evidence, along with other proven legal tactics, we can attempt to show the court what your accuser’s true motives were in making rape allegations and help you successfully defeat these false charges.
Accused Consented to the Sexual Act
Another common defense to a rape charge is that your accuser actually consented to the sexual intercourse. Under California Penal Code 261, you are not guilty of rape if you truly believed that your accuser consented to the sexual intercourse. When your attorney raises consent as a defense against your charges, the court will examine the circumstances surrounding the sexual intercourse and determine whether your belief that your accuser consented was reasonable.
Insufficient Evidence that a Rape Actually Occurred
In order to be convicted of rape, the prosecutor must prove that the evidence against you is enough to substantiate a rape charge. Furthermore, the prosecutor must prove this evidence beyond a reasonable doubt. When a prosecutor brings charges of rape, there oftentimes is insufficient evidence to merit a conviction for the charge. For example, if your accuser alleges you raped them, but has no medical evidence to back up the claim because he or she failed to seek medical attention after the incident, then you might have a strong case that there is not enough evidence to convict you of rape. Therefore, you need to speak to one of our experienced attorneys today to find out whether there is sufficient evidence to find you guilty of rape.
Mistaken identity Due to The Accuser’s Inability to Identify His or Her Aggressor
Sometimes the wrong person is arrested and charged with rape under California Penal Code 261. If your accuser’s ability to identify his or her assailant was impaired for some reason at the time that he or she was raped, then it could lead to you – a completely innocent party – having to defend against devastating rape charges.
For instance, you may have made advances toward your accuser during a party, but he or she turned you away. If your accuser was later drugged by someone else, he or she might only remember back to when you made advances and think you were the rapist. Alternatively, you may somewhat resemble the actual rapist in a case and the police arrest you based on this description alone.
Why Should You Rely on Our Team of Lawyers?
At the Law Offices of Wallin & Klarich, we have over 40 years of experience defending clients against rape charges under California Penal Code 261. Our lawyers are skilled at examining all of the available evidence and stand ready to represent your best interests in all aspects of your case from the moment you become our client. Do not let a rape charge discourage you from asserting your side of the story.
With offices in Orange County, Los Angeles, San Bernardino, Riverside, Ventura, Victorville, West Covina, San Diego, Torrance and Sherman Oaks., there is an experienced Wallin & Klarich criminal defense available near you no matter where you work or live.
Call us today for a free phone consultation at 1(877) 4-NO-JAIL (466-5245). We will get through this together.