Rape Defense Attorney | Torrance
What Is Rape?
Rape is defined as unlawful sexual intercourse with another person through the use of threats, force, or fraud. To be considered consensual sex in California, both parties must freely agree to engage in sexual intercourse and have the ability to consent. Also, if a person agrees to have sex but changes their mind during sex, the other person must stop. If even the slightest penetration continues without consent, the prosecutor can file rape charges in Torrance.
There’s no time to waste if you’re falsely accused of rape in Los Angeles County. It’s crucial to contact Wallin & Klarich immediately. A rape conviction results in life-changing penalties and leaves a negative mark on your record that will haunt you for the rest of your life. Call our rape defense lawyers today for your free consultation.
Under California Penal Code 261, sexual intercourse involving any of the following circumstances is considered rape in Torrance, CA.
- The victim couldn’t consent to sex due to mental, developmental, or physical disability.
- The accused should’ve reasonably noticed and understood that the victim couldn’t consent or stop the sexual intercourse due to intoxication.
- The victim was sleeping or unconscious during the sexual intercourse.
- The accused forces the victim into sexual intercourse against their will by using fraud, force, violence, duress, menace, or fear of immediate harm or severe injury to the victim or someone else.
Rape By Threat | PC 261
Rape by threat occurs when you imply or directly state that you’ll use violence or retaliation against the victim or someone else if they don’t comply with your demands for sex. In addition, any action that places the victim in fear for their safety or someone else’s can be considered a threat. Some examples of threats include:
- Threatening to kill the victim or their loved ones
- Threatening to kidnap their children
- Threatening to injure the victim
- Holding a gun to the victim’s head
- Pulling out a knife or other weapon
Rape By Force | PC 261
Under PC 261, rape by force occurs when you use power, violence, or pressure to make a person have sex with you. Force can include but is not limited to slapping, punching, and pinning the victim down.
Rape By Fraud | PC 261
It’s against the law to make false statements or conceal the truth to pressure someone into acting against their best interests. For example, a therapist convinces a patient that sexual intercourse is necessary to cure their mental illness. Although the victim may have agreed to sex with the therapist, he used his power to persuade the victim that sex was necessary for treatment.
Torrance Rape Prosecution| PC 261
In Torrance, the prosecutors take rape charges very seriously. To defeat rape charges in Los Angeles County, you must prepare for aggressive prosecution by hiring a solid defense team with years of experience. California lawmakers have invested a lot of time and effort into defining rape. Under PC 261, the prosecution must prove several elements beyond a reasonable doubt to convict you of rape:
- You engaged in unlawful sexual intercourse with the victim.
- The victim was not your spouse.
- The alleged victim did not give consent or agree to sex.
- You pressured the victim into sex by using force, threats, or fraud.
Some may believe that the prosecution has a lot to prove for a rape conviction. However, the alleged victim’s testimony is enough to prove all the above elements beyond a reasonable doubt if the jury believes their testimony. Your freedom hinges on whether the jury believes you or the victim. Regardless of your innocence, if the jury sides with the alleged victim, you’ll be convicted of rape in Torrance and sentenced to time in prison. However, with the help of a skilled rape defense lawyer, it is possible to persuade the jury of your innocence. You should contact Wallin & Klarich today to start building your defense.
Rape Penalties | What You’re Facing
A rape conviction can ruin everything you’ve worked so hard to build in your life, and with a violent sex crime on your record, it destroys many of your hopes for the future. Under California’s Three Strikes Law, rape is a “strike” offense, so you could face enhanced sentencing and 25 years to life if you have two prior “strikes” on your record. Without sentence enhancements, the court can sentence you to the following penalties for rape in Torrance:
- 3, 6, or 8 years in state prison
- Formal probation
- Mandatory lifetime sex offender registration (California Penal Code 290)
- Strike according to California’s Three Strike Law
Note: Before 2021, spousal rape, also known as marital rape, was a separate offense under California Penal Code 262. However, Assembly Bill 1171 repealed spousal rape PC 262. As a result, prosecutors pursue spousal rape cases as they would non-spousal rape under PC 261.
Professional and Personal Consequences
Accusations of rape can quickly turn your life upside down. People often start gossipping without knowing what actually occurred. These rumors can spiral into more significant problems such as the loss of your job, ruined relationships, and a damaged reputation. People often look at a conviction to confirm their rumors, regardless of the facts. If you’re found guilty of rape in Torrance, you’ll face overwhelming odds as you struggle to recover your career and reputation. Landlords, potential employers, and new acquaintances will judge you by your criminal record and information available on Google for the rest of your life.
To protect your good name and freedom, you need an experienced rape defense attorney with years of experience and legal skills. We’re here to help you through your legal struggle, and we’re not afraid to stand up for your rights. Contact Wallin & Klarich today for your free consultation.
Defenses For Rape | How We Can Help You
Due to the complex nature of the crime, rape cases are challenging for attorneys who lack experience and knowledge. With over 40 years of experience, our skilled rape defense attorneys have helped countless clients falsely accused of rape in Torrance. We’ll work to get your rape charge dismissed before your trial begins. When it comes to rape trials, the jury looks at how closely your side of the story matches the facts. Our expertise is valuable in connecting with juries on a human level. We employ a skilled defense team to thoroughly investigate your accuser and the alleged incident. Doing so allows us to craft a solid defense that fits the strengths of your case and calls the prosecution’s story into question. We’ve used many defense strategies in rape cases, some of which include but are not limited to:
False Accusation
Alleged victims make false accusations in rape cases because of jealousy, anger, or spite. When a person makes a rape report to the police, a prosecutor can charge you with rape before questioning the alleged victim’s credibility without any evidence to support their story. The prosecution must prove that you’re guilty of rape beyond a reasonable doubt. However, as discussed earlier, the alleged victim’s testimony often meets this burden in the minds of jurors. To fight false allegations, you need an experienced attorney with the legal knowledge to defend your innocence and question the alleged victim’s credibility. Our team will examine background information, voicemails, texts, and emails to find possible inconsistencies in your accuser’s story.
Accuser Consented
Your attorney may argue that the accuser consented to sex, or you reasonably believed it was consensual. In this case, the court reviews the facts of your case to determine whether your belief of consent was reasonable. California Penal Code 261 requires the prosecutor to prove beyond a reasonable doubt that the sex was against the alleged victim’s will or inability to consent due to intoxication, disability, or age.
Insufficient Evidence
Our skilled attorneys at Wallin & Klarich have defeated damaging testimony from alleged victims by arguing insufficient evidence to prove guilt beyond a reasonable doubt. Presenting this defense in a compelling manner causes the jury to doubt the prosecution’s story. With four decades of experience, we understand our evidence must back up this defense to be the most effective.
For example, your neighbor says you kicked in the door and raped her. However, she didn’t seek a medical evaluation or tell anyone else about the incident. Instead, she invited you over for a barbecue two days after the rape supposedly occurred. In this case, we could present the text messages where she invited you over and question her reasoning behind not seeking medical attention. Call us today for your free consultation and discuss your rape case with one of our skilled attorneys.
Mistaken Identity
In some cases, the police arrest and charge innocent people with crimes before having all the facts due to mistaken identity. Mistaken identity can result from eyewitnesses making mistakes or exaggerating confidence in their identification. Other times, victims simply get confused due to the circumstances of the incident.
For example, a young man accuses you of rape after meeting him at a New Year’s Eve party. Because he was intoxicated, he recalls only bits and pieces of the night. However, he remembers your face and finds your card in his pocket the next day. Of course, those facts alone don’t mean that you raped him, but you can see how the prosecutor could easily misinterpret them as evidence of your guilt. In this case, your attorney would present evidence to show the victim’s inability to identify his attacker due to heavy intoxication by calling witnesses from the party and experts to discuss his state of mind.
Hiring The Right Criminal Defense Team | How We Can Help You
You don’t settle for an average lawyer with your future at stake. Instead, you hire an experienced attorney with the knowledge to defend you against serious charges. At Wallin & Klarich, we believe everyone deserves excellent legal representation. While choosing the right defense lawyer to help you fight rape charges requires careful consideration of many factors, four key aspects quickly set skilled law firms apart from the rest:
- Commitment to clients
- Integrity in action
- Legal expertise
- Community respect
Our Commitment To You | The Wallin & Klarich Difference
At Wallin & Klarich, we are committed to our clients. When you trust us with your case, we never take it lightly because we understand your life’s hanging in the balance. We set aside time to go over what to expect and any new developments in your case, so you don’t feel overwhelmed. Our attorneys treat you with integrity, starting with an honest, genuine conversation between us. We’re upfront with all our fees from the very beginning, and once we’ve had time to investigate your case thoroughly, we lay all your available options on the table. To ensure your questions and concerns never go unheard, we return your phone calls and emails within 24 hours and keep an on-call criminal defense lawyer for after-hours legal emergencies. Most importantly, we guarantee a judgment-free environment for you and your loved ones.
Wallin & Klarich | Unparalleled Legal Expertise
Our 40+ years of experience sets us apart from the crowd of defense lawyers. We’ve defended thousands of clients falsely accused of rape with remarkable success. Some of our clients came to us with nowhere else to turn and no hope of winning their case. However, our background allowed us to spot strengths in their cases, which an attorney with less experience would’ve missed.
By tailoring our defense strategies to fit the specific details of your case, we increase your chance of success. We have the added advantage of knowing the techniques of local prosecutors and the personalities of judges in Torrance. Our passion for defending the unfairly accused is the driving force behind each of our attorneys at Wallin & Klarich.
Discover how our experienced criminal defense attorneys can help you fight false accusations in Torrance, CA. Contact us today at (877) 4-NO-JAIL.
Respected & Recognized | Wallin & Klarich
The community recognizes the Wallin & Klarich name for our firm values and legal expertise. For over 40 years, we’ve built a powerful reputation by maintaining our integrity, valuing our relationships with clients, and consistently striving to redefine excellence. For more insight, check out our recent and past success in the courtroom.
Our Notable Cases | Wallin & Klarich Newsworthy Legal Strategies
Many attorneys point to their experience or skill in defending against rape allegations, but our attorneys deliver positive results even in the most complex legal dilemmas. Over the past 40+ years, many of our legal battles have captured the media’s attention. Television, newspapers, and the digital world have covered some of our most notable moments. We encourage you to explore our newsworthy cases below to learn more about our law firm.