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Nonconsensual sexual intercourse that is achieved through force, threats, or fraud.
Most individuals think of rape as an act that is accomplished through physical violence or force. However, there are other factors that can lead to a rape charge in California, which include:
A male who has sexual intercourse with a female who is passed out from intoxication.
A medical professional who lies to a female patient and convinces her to have sexual intercourse with him to overcome a disease or illness.
An officer of the law who pulls over a female and forces her into having sexual intercourse with him under the circumstances he will let her go when the act is complete.
Other crimes that are related to rape in California, which are encompassed by the California rape law, include spousal rape, date rape, statutory rape, oral copulation by force, and forcible penetration with a foreign object.
Penalties for Rape in California
When an individual is convicted of rape charges in California, the penalties
are severe. Under the Penal Code PC 261, an individual who is convicted of rape can face a prison sentence of three, six, or eight years. Furthermore, if the alleged victim received bodily injury, such as broken bones, serious bruises, or vaginal injuries, then a judge can add an additional five years to a sentence. An individual who is convicted of rape can also face a maximum fine of $10,000.
There are other factors that can have an impact on a defendant’s sentence, which can include:
A defendant has past convictions and a prior criminal history.
A defendant was on parole when the rape was committed.
If an individual is convicted of rape and serves prison time, then he must register as a sex offender. After being released from prison, an individual will report to a parole officer. If an individual violates parole during probation, then he will have to serve a one year sentence.
Defense Against a Rape Charge in California
It can be extremely difficult to build a strong defense against a rape charge. However, experienced attorneys can develop defensive strategies that can help a defendant develop a solid case.
In cases where the defendant apparently had sexual intercourse with an individual who was passed out from intoxication, a defense team can prove the accuser did not have an accurate account of what happened before and during intercourse.
If an individual is falsely accused of rape, then an experienced team of criminal defense attorneys can prove the accuser has lied about being raped by the defendant. There are instances where an individual falsely accuses an individual of rape as a form of revenge.
In order to be found guilty of rape, a prosecutor must prove beyond a reasonable doubt that rape took place. A sex crime, especially rape, is a severe felony. Aside from a long prison sentence and expensive fines, an individual who is convicted of rape will also be known as a sex offender, which can have a negative impact on an individual’s life. Furthermore, a convicted felon will not be able to vote or obtain a firearm.
It is crucial for an individual who is charged with rape to seek legal counsel immediately. A defense team with experience handling rape cases will have the knowledge and expertise to build a strong case to fight the charge.