California has multiple laws that define different types of rape. But broadly, rape is defined as a sexual act without the consent of one of the participants. Rape is a very serious crime and to be accused of doing such a crime can tarnish your reputation and affect your life. If you have been charged with this crime the best option and the first thing that you should do is to consult with an expert Los Angeles rape attorney like Attorney Randy Collins. His experience and expertise acquired from successfully defending the accused from these types of crime makes him a very valuable asset for you if you are in the same situation.
California’s laws cover a very broad spectrum of types of rape. For example, Penal Code 262 of California defines Spousal rape, while Penal code 261.5 defines the crime of statutory rape and there are more of these. All these types of rape are applicable to different circumstances involved with a specific crime. But generally, rape occurs when any or all of these elements happened:
- Physical and/or brute force was used by the defendant towards the victim. The use of verbal or non-verbal threats, intimidation and other forms of coercion can also lead to a rape charge.
- If the victim’s reason for complying to any sexual act was out of fear of bodily harm towards herself or towards another person, that is also considered rape.
- The victim is considered unable to give consent. This circumstance is applicable if the victim is a minor, has mental disability, delayed mental development, and/or too intoxicated to give permission or consent.
- The sexual act was done while the person is unconscious or sleeping and the victim no idea that the defendant was engaging in a sexual act with him or her.
- The defendant obtained permission for a sexual act through a fraudulent premise.
Rape Defense and Penalties
Rape defense usually depends on the circumstances of the crime but the most commonly used by defense lawyers is debunking the absence of consent. Meaning, the defendant must be able to provide proof that consent was indeed given prior to engaging in sexual act. False accusation of a victim may also be used as a defense if it can be proven that the claim of rape is false and the claim was made for the purpose of retaliation or other reasons. Mistaken identity can also be a defense if a third party witness is the sole basis for charging you of the crime. An effective defense is important because a guilty verdict of rape can result to a minimum sentence of 3 to 8 years in prison. It might even be enhanced if you have prior convictions.
To be accused of rape can be very stressful and emotionally draining especially if you know that you didn’t do the crime. So an experienced and knowledgeable Los Angeles defense rape attorney like Randy Collins might be your last resort to prevent incarceration. His expertise in criminal defense and aggressive strategy in protecting your rights is an asset you must have on your side during the difficult ties. Call his office and schedule a consultation now!