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Date Rape Law in California – Sex Crime Criminal Defense Attorney

Posted by Raoul Severo | May 20, 2020 | 0 Comments

Date rape, also known as acquaintance rape and dating violence. is a sexual assault commited by an acquaintance, such as a date or even a friend, therefore  the relationship of the victim and perpetrator do not define the crime. However, issues related to evidence sometimes make the cases hard to prosecute.

Date Rape in California

Date rape in California is a term commonly used to describe nonconsensual sexual intercourse or sexual activity related to rape that takes place between people who are or were dating, or who are voluntarily spending time together with mutual consent.  Unfortunately, it is possible and common for a woman to make false accusations or build a case of date rape against her boyfriend or romantic partner and sue him in court.

While the term date rape involves nonconsensual sexual intercourse by means of threats, force or fraud is usually more common than a usual rape charge, both crimes such as marital rape or date rape are prosecuted and punished under the California Penal Code Section 261 PC. The following elements must be proven in order to be guilty:

  • Sexual intercourse took place.
  • Both parties were not married at the time of the intercourse.
  • Consent for the intercourse was not given by one of the parties.
  • The perpetrator accomplished the sexual act by using one or more of the following
  1. Force, violence. duress and/or menace
  2. Fear of immediate physical injury (to the victim or someone else)
  3. Threat of future retaliation in any way.

Defense Attorney in California for a sex crime

Being charged with date rape  in California is a big deal and carries severe sentences to those who are found guilty of it. The legal system does not take any soft considerations for any sex related crime offenders and will enforce the law to its fullest. Therefore, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.

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