Rape Laws in California – California Penal Code Section 261 PC

Posted by Raoul Severo | May 26, 2020 | 0 Comments

Rape is generally considered in every society one of the most serious sex crimes which carries severe punishments. Is defined by the Law as any sexual act committed by any person against another person, forcefully and/or against that person's consent regardless if the victim is incapable or enable of giving consent such as minors or incapacitated persons. 

California Rape Laws

If the alleged victim of a rape claims there is no consent from him/ her side for any sexual intercourse, a person who is accused can be charged with rape crime under the California Penal Code 261 PC, which describes the rape crime in the state of California as an act that is committed by unconventional ways as means for having sexual intercourse with another person against his/her consent. These means include several conditions: 

  • Victim is incapable of consenting because of a mental disorder or health issue,
  • Intercourse is done by the offender under use of force, violence, or duress,
  • Victim cannot give consent because of intoxication with drug or alcohol,
  • The Victim is unconscious at the moment that the act was performed by the offender 

Punishment and Defense for Rape charges in California

This crime is a felony by nature and the punishment of this crime is up to 8 years imprisonment or a substantial fine as well as community service and even a lifetime record on the sex offender registry system. Nevertheless, everyone is innocent until proven guilty and therefore the accused can stated the following defense:

  • False accusation
  • Consent is present
  • No intent to rape
  • Lack of evidence
  • The act of sexual intercourse did not take place

Federal Criminal Defense Attorney Near Me

If you have been accused with rape charges in the state of California, it is crucial to entrust your case to an experienced and professional criminal defense lawyer  in order to get the best deal possible according to the nature of the crime. 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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