Tustin Rape Defense Attorney
A consensual sexual act occurs when both parties freely agree to it. Any sexual intercourse that occurs against one party’s free will and involves threat, force, or fraud is considered rape, which can be a felony in California. It is important to note that a person can consent at first and later withdraw consent, and even penetration with a foreign object or slight penetration can be considered rape. A rape accusation can destroy your relationships, reputation, and future opportunities. If you are accused of rape in Tustin, contact Wallin & Klarich as soon as possible to see how we can help. Call us today for your free consultation at (877) 4-NO-JAIL.
What Is Rape?
Under California Penal Code Section 261, rape is an act of sexual intercourse accomplished under any of the following circumstances:
- The victim was incapable of giving consent due to a mental disorder or development or physical disability, and this was known to the person committing the act.
- The act was accomplished against a person’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
- The victim was prevented from resisting by an intoxicating or anesthetic substance, or a controlled substance, and the condition was known by the accused.
- The victim was unconscious of the nature of the act, and this was known to the accused.
- The victim submitted under the belief that the person committing the act was someone known to the victim other than the accused, and the accused had the intent to induce the belief.
- The act was accomplished against the victim’s will by threatening to retaliate in the future with kidnapping, pain, serious bodily injury, or death.
- The act was accomplished against the victim’s will by threatening to use the authority of a public official to arrest the victim.
Rape by Means of Threat
If sexual intercourse was achieved by means of a threat, it will be considered rape. A threat is a statement of intention to inflict pain, injury, or other hostile action to the victim or another person if the victim does not comply with the accused’s demands. For instance, if you threaten to harm a victim’s child if she does not have sex with you, this could be considered rape by means of threat. Similarly, if you threaten to inflict pain on the victim if she does not engage in intercourse with you, you could also be found guilty of rape.
Rape by Force
Forcible sexual penetration constitutes rape. Force means power, violence, or pressure directed against another person. For example, if you hold a victim down during sexual intercourse, this could be considered forcible rape. If you hit the victim or commit any violent acts in the course of sex, you could be charged with rape by force.
Rape by Fraud
Rape by fraud is less commonly known, but lying to or concealing information from someone in order to hide your true identity and commit sexual intercourse is also a crime. Fraud is defined as wrongful or criminal deception intended to result in personal gain. As an example, if you impersonate somebody in a position of power in order to get someone to have sex with you, you could be found guilty of rape by fraud.
Tustin Rape Prosecution
If you’re charged with rape in Tustin, it is likely that the prosecutor will pursue aggressively actions against you. In order to convict you of rape, the prosecution must prove the following elements beyond a reasonable doubt:
- You had sexual intercourse with the victim.
- You were not married to the victim at the time of intercourse.
- The victim did not consent to the intercourse.
- You accomplished the intercourse using threats, force, or fraud.
If the jury believes the alleged victim’s testimony that you satisfied the above elements beyond a reasonable doubt, the prosecution can convict you and sentence you to prison. No medical evidence or other witnesses’ testimonies are necessary in order to prove your guilt. As such, it is crucial that you secure an experienced defense attorney even if you are innocent. Contact Wallin & Klarich immediately to help you clear your name.
Tustin Rape Penalties
California takes rape charges very seriously. Since rape is a violence sex crime, it is always charged as a felony offense. The penalties depend on the victim’s age. For victims 18 years and older, you may face the following penalties in Tustin:
- 3, 6, or 8 years in state prison
- Felony probation
- Sex offender registration for 20 years or for life, depending on the case
- A strike under California’s Three Strikes Law
If the victim was under 18 years old, you may face up to 13 years in prison and lifetime sex offender registration.
Personal and Professional Consequences
In addition to jail time and sex offender registration, a rape charge could jeopardize your personal and professional life. Sex offender registration can hold negative impacts on future employment opportunities, as background checks will reveal your conviction to potential employers. Furthermore, being registered as a sex offender could limit your housing options and affect your ability to obtain loans. Even if you are found not guilty, the mere accusation of rape could destroy your relationships. To clear your name and prevent these charges from ruining your future, consult with our experts at Wallin & Klarich soon after your arrest.
Defenses for Rape
If you are accused of rape in Tustin, not all hope is lost. An experienced attorney can use one or more of the following defenses in order to convince the jury of your innocence. Our skilled sex crimes defense attorneys have over 40 years of experience in successfully defending our clients from rape charges. In many cases, we have gotten the cases dismissed before they even get to trial. However, if your case does go to trial, there are a number of credible defenses that we can present on your behalf.
In order for you to be convicted of rape, there must have been a lack of consent to sexual intercourse. If you reasonably believed that the alleged victim did in fact consent, you may be able to use this defense. For example, if the alleged victim engages in intercourse with you without objection but later regrets it, you are likely not guilty of rape. Your attorney can present this defense to the court so that the court can examine the details of your case and decide whether you reasonably believed that consent was given.
While it’s possible for the prosecutor to convict you based on the victim’s testimony alone, a skilled attorney may be able to argue that there is insufficient evidence to prove you committed the rape beyond a reasonable doubt. For instance, if the prosecutor has no evidence from a medical professional to support his claim, your attorney may be able to sway the jury in your favor. Similarly, if the alleged victim was unable to clearly identify her attacker at the time of the rape, your attorney may be able to argue that there is not enough evidence to convict you beyond a reasonable doubt.
It’s possible that the accusations against you are completely false. Personal vendettas against the offender may fuel false allegations, or it may simply be a case of mistaken identity. If that’s the case, our lawyers will look into the circumstances of your case and locate evidence that the reported occurrence never happened. Our team will fight to prove your innocence and drop the charges against you.
Hiring a Tustin Defense Attorney | How We Can Help You
When you are facing serious criminal charges in Tustin, you need a skilled attorney with a history of success in the courtroom. At Wallin & Klarich, we believe in four key aspects that set us apart from other firms:
40+ Years of Experience Defending Rape Charges
With over 40 years of experience and offices throughout Southern California, our attorneys at Wallin & Klarich know the best strategies to use in the courtroom based on the specific details of each case. Our lawyers know how to use the most successful defense methods in even the toughest situations, often getting cases completely dismissed so that our clients have total relief. We are also familiar with the Southern California courts, having offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego. This allows us the additional advantage of knowing local prosecutors and judges. You, as our client, will undoubtedly benefit from our resources and knowledge.
24/7 Communication with Your Attorney
We believe that communication and transparency are the foundation of success here at Wallin & Klarich. We guarantee that we will always be open and honest in our communications, and we are never more than a phone call or email away. We want to keep you updated on the details of your case and take time to listen to and address your concerns. With 24/7 open lines of communication, our attorneys are always here when you need us.
Track Record of Success
Our staff has a proven track record of success with thousands of clients spanning over 40 years. Because of the stigma of rape charges and the potential for serious repercussions, you need a qualified and experienced defense attorney to help you achieve redress. We want you to be just as confident in our abilities, so we invite you to look at some of our clients’ success stories and big wins in the courtroom.
Reputation and Credibility
It can be challenging to choose the right law firm to defend you. Because our clients know we are committed to them, Wallin & Klarich has been a well-respected firm in the Southern California community for many years. Our team will continue to serve our community with integrity and excellence, and we hope that you will give us the chance to defend you as well.
Discover how our skilled negotiators can help you fight a rape charge. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.