Defense Attorneys Answer Your Questions on California’s Rape Laws
Wallin & Klarich answer Frequently Asked Questions Regarding Penal Code 261 PC
When you are charged with rape under California Penal Code 261, you undoubtedly will have many questions. Rape is a complex and serious crime. In order to best fight these charges, you need the help of an experienced defense attorney. At the Law Offices of Wallin & Klarich, our lawyers have over 40 years of experience defending the rights of our clients facing all types of sex crime charges.
To help you better understand some of the complexities in defending against rape charges under California Penal Code 261, our attorneys have provided brief responses to some of the most frequently asked questions:
1. My accuser was drunk and clearly wanting to have sex with me when we slept together, why am I now being charged with rape?”
Ordinarily, if your accuser consented to having sexual intercourse with you, then you would not be guilty of rape. However, consent cannot be given if your accuser was so intoxicated that he or she was not capable of providing “informed consent” to the act of intercourse. If you are being charged in this situation, our attorneys can examine the evidence against you that your accuser was intoxicated. In some cases, an accuser is not sufficiently intoxicated to make be unable to give informed consent.
2. The person I had sex with has a reputation for sleeping around. When we had sex, he/she seemed off but did not say anything. Now he/she is accusing me of rape, what are my options?
If your accuser allowed you to have sex with him or her and did not give any outward indication – whether through words or actions – that she or he was not consenting to the sexual intercourse, then you likely will have a strong defense against your charges. Because of the complexities in proving a rape case, California law requires that you were aware that your accuser did not consent to the sexual intercourse. If this is the case, your Southern California rape defense attorney can answer your questions and help you win your case.
3. We legitimately had consensual sex, but now I am being accused of rape because I refuse to date my accuser. How can I defend myself?
Unfortunately, sometimes people decide to use California rape laws as a weapon to perpetrate domestic violence themselves. These kinds of situations are precisely the time you need the experienced help of a Southern California rape defense attorney to bring forth exculpatory evidence on your behalf and expose the falsity of the charges against you. If your accuser caused you to be charged with rape under California Penal Code 261 because you refused to date them, then you need to contact an attorney immediately to begin planning your defense.
You Can Speak to One of Our Rape Defense Attorneys Now
These are just a few of the most frequently asked questions our clients ask us when they are accused of rape. However, there are many other circumstances which may result in a rape charge being brought against you, and the attorneys at Wallin & Klarich stand ready to defend you. We have over 40 years of experience successfully assisting our clients with evidence gathering, defensive strategies, and court appearances for sex crime cases.
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 at 1(877) 4-NO-JAIL (466-5245) for a free phone consultation. We will get through this together.