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Los Angeles Rape or Sexual Battery Lawyers

by admin   Aug 19, 2016   Filed Under: Uncategorized

He said/she said cases clog courtrooms all across the country. Those who falsely file rape charges against others may face jail time and other charges, but the prosecuting attorneys working on those cases often let those individuals walk away free and clear. A false rape charge can leave you facing years in state prison, some high fines upon your release and even registering as a sex offender. While prosecutors work hard to only take on the best cases, if the attorney views your case as worthwhile, you need to know what to expect.

What is Rape?

Rape is a crime that involves some type of penetration. It can include an individual penetrating another with fingers, a penis or a foreign object. To prove a rape occurred, the prosecution must show that the victim did not give consent and that the rapist acted in a violent manner or a threatening manner. Alcohol and drugs can also lead to rape charges. Many states will file charges that state the individual could not give consent due to the drugs or alcohol that he or she used prior to the sexual act. If you have intercourse or share a sexual activity with someone under the influence, the individual can claim a rape occurred.

What is Sexual Battery?

Sexual battery, also known as sexual assault, is a sexual crime that does not involve penetration. It typically refers to cases where one individual touched another in a sexual or inappropriate manner without that person giving consent. This can include physically restraining someone from leaving the room, touching the genitalia of another or brushing against someone in a sexual way. Drugging or giving someone alcohol for a sexual reason is another form of sexual battery. The prosecution usually needs to prove that you performed those actions to achieve a sexual result.

Conviction of a Misdemeanor

Forcible rape is a felony charge, but if you face a sexual battery charge, the court may find you guilty of a misdemeanor. If found guilty, the court can sentence you to no more than six months in a county jail and a maximum fine of $2,000. If convicted of sexual battery against an employee, the fine raises to $3,000. Other penalties can include probation for one to five years and mandatory registration as a sex offender.

Conviction of a Felony

Rape is one of the most serious of all sexual charges and crimes, and as a felony conviction, it carries a prison term of no more than eight years. If the individual claims rape occurred multiple times, the court can find you guilty of each count and require that you spend an additional eight years in prison for each charge. Court fees, high fines and registering as a sex offender are some of the other penalties associated with this crime. A felony sexual battery charge comes with a prison or jail term of no more than four years, fines, sex offender status and probation. When someone accuses you of rape or sexual battery, turn to an attorney for help.