California has specific laws governing sexual crimes such as rape. Any sexual intercourse that happens without the consent of one party is a crime under California rape laws. Our attorneys at Vista Criminal Attorney Law Firm are experienced in handling rape cases in Vista, CA and North County areas. We evaluate your case and determine the best criminal defense strategy for your charges.
How is Rape Defined in California?
Rape is legally defined as the non-consensual engagement of sexual intercourse between two people. This sexual offense is listed under Penal Code 261 and is applicable regardless of how slight the penetration was or whether or not there was ejaculation. Lack of consent is paramount in proving rape charges. This element can arise when the offender used fear or force to accomplish the rape or when the victim was not in a position to consent. The inability to agree, consequently, can be as a result of intoxication, mental disability, or physical disability of the victim.
It is crucial to note that although many have a perception that only men are capable of raping women, both men and women can be charged with rape. This is because of the impression of the rape statute, that lack of consent is significant for rape. In line with this statute, most women find themselves in rape allegations when they help another person to accomplish the crime. And they could be charged with aiding and abetting rape. Similarly, a prosecutor may decide to press charges of solicitation to such women.
Factors that Facilitate Rape
Several factors facilitate the accomplishment of rape. They include:
- Most cases of rape occur when the victim is violently forced into the act. Violence or force is easy to establish in instances when the victim incurs bodily injuries;
- Duress in rape occurs when a person threatens directly another person, leading to the act that would not have otherwise happened under normal circumstances. Most of such threats aim at negatively harming the victim, therefore, leaving them with no choice but giving into the act;
- Fear of being harmed or causing harm to others. The victim might have feared that the accused would cause bodily harm to either them or any persons near them. Consequently, the sex perpetrator took advantage of this fear to assault the victim. Note that the impression to cause harm does not necessarily mean that the harm would be accomplished immediately. The offender is capable of executing the harm in the future if the victim doesn't give in to the act;
- Moral trust. Professionals such as doctors and police and people regarded for high ethical standards like religious leaders can, unfortunately, break their moral trust and sexually offend another person. In most cases, these acts are accomplished when the victim gives in to such actions because of promise that their problems would be solved.
Elements of PC 261 Rape that the Prosecutor Must Prove
Penal code 261 PC requires that the prosecutor must present some aspects of rape to prove that indeed the defendant is guilty. These are;
Sexual intercourse. The actual sexual intercourse is a critical element regardless of how deep or shallow the penetration was. Proving that penetration occurred can be challenging to the prosecutor, especially when the victim is unwilling to comply. However, the prosecutor can use a medical report to show that, indeed, there was penetration – no matter how slight.
The defendant should not have a marital relationship with the victim for rape to occur. This element differentiates rape from spousal rape. When the two parties are married couples, then the offense could be charged as spousal rape under penal code 262. Therefore, the prosecutor must show that the defendant was not married to the victim during the incident.
Also, lack of consent should be demonstrated by the prosecutor to prove that indeed the defendant committed a rape offense. Consent means the free will and positivity towards the act. To consent, someone has to be free and volunteer with knowledge of what the act is. The fact that the defendant and the victim were dating doesn't amount to consent during the sexual intercourse. Similarly, if the victim asks the defendant to use any form of protection before the sexual act, it is not conclusive that the victim consented unless other aspects of consent are proved.
Withdrawal of the victim’s initial consent changes the initial consensual sex into rape according to the rape statute. There are instances where the victim had knowledge about the act and gave in. However, they changed their mind along the way – It doesn’t matter whether they effectively communicated to the defendant about the change of consent or not. On the same note, it does not mean that a victim with a past history of consensual sex will always consent – thus, giving the past sexual history of the victim would not satisfactorily show that there was consent.
What other Offenses Relate to Rape?
California PEN 261 PC has several related crimes. Each of the crimes depicts sexual acts that are associated with the lack of consent from the victim or against their will. Such offenses can be charged along with rape, and they include spousal rape, oral copulation, statutory rape, lewd contact with a minor, and sexual battery.
Spousal Rape (Penal Code 262)
This sexual crime is similar to rape under PC 261 except for a slight difference that requires the victim and the offender to be spouses for spousal rape to occur. It is possible in California for one to rape their wife or husband. In such, they could be charged with not only spousal rape but also domestic violence crimes. There are scenarios (open actions or hidden) that can lead to spousal rape charges. They include: (a) any of the spouses applying force (because of lack of will or consent) to carry out the sexual act; (b) duress, where either spouse threatens to divorce the other if they refuse to indulge in intercourse; (c) any of the spouses is unconscious after a heavy alcohol intake or intoxication.
Spousal rape is punishable under California spousal law statute, with similar punishments to a rape case where the victim is a stranger. The potential sentence is a state prison term of three, six, or eight years. Additionally, one might be needed to undergo registration as a sexual offender in California.
Statutory rape
California statutory statute (PEN 261.5) defines statutory rape as sexual intercourse with a minor (any persons below the age of 18 years). Legally, minors don't have the ability or the courage to consent towards sexual intercourse. Therefore, any adult who indulges a minor into such an act is punishable for statutory rape, even if the underage victim consented to the act. Statutory rape charges are common in California because many minors are highly active sexually, and the otherwise law-abiding adult ends up with the liability of a statutory rape conviction.
Statutory rape can be charged as either a misdemeanor or felony depending on the differences in the age of the defendant and the victim (minor). For instance, if the minor is below the age of sixteen years while the accused is above twenty-one years, severe punishment of up to four years imprisonment in the state prison is issued to them.
Oral copulation by Force
Under penal code 288a, oral copulation refers to any sexual act where there is a use of force, threats, fraud, and fear to accomplish a sexual activity, but unlike in rape under penal code 261, the sexual activity under penal code 288a is only limited to oral sex.
The possible penalty for forceful or fearful oral copulation is a sentence of 3, 6, or 8 years in state prison with a fine of ten thousand dollars ($10,000). Oral copulation convictions would also require that the convict registers as a sex offender. Additional punishments would be valid if the victim is underage: six, eight, or ten years in state prison if the victim is between 14 and 18; eight, ten, or twelve years' incarceration if the victim is below 14 years.
California sexual battery (Penal Code 243.4)
This refers to a non-consensual act, through which an individual sexually abuses, arouses or gratifies themselves by touching the intimate (private) parts of another. Such sexual assault is charged by the prosecutors regardless of whether actual intercourse occurred or not.
This offense is a wobbler. Misdemeanor sexual battery happens when one intentionally fondles the breasts of a female stranger without her permission or touching one's buttocks (either by insertion of hands into the person's pockets) without being authorized to do so. Felony charges apply if the victim: (a) alleges that they were convinced that the act was professional (doctor-patient relationship); (b) they were restrained against the law; (c) was under medications and put into a mental institution and therefore, unable to defend or deny the act; (d) was forced to touch the defendant's intimate parts while under medication or a confinement.
Lewd acts with a minor
If an individual touches the private parts of a minor under the age of 15 years for sexual gratification, they are liable to charges as per penal code 288 PC. The maximum penalties for such a crime depend on the crime's nature, the age of the victim, and the relationship between the defendant and the victim. If charged for the rape of a person under the age of 15 years, there is a likelihood that lewd acts with minor charges are added to your rape sentence.
What are the Penalties for California Rape Charges?
Rape is directly charged as a felony in California. A conviction for this crime is punishable by three, six, or eight years imprisonment in the state prison. However, since January 2017, the law allowed judges to issue formal probations (to some California rape cases). However, this is so under conditions such as; incapability of the victim to give consent as a result of a disability, the defendant impersonating to be a person known to the victim and/or the defendant (who is related to a public officer) threatens to use such authority against the victim.
There are additional charges for a rape conviction. If the victim sustains physical injuries that are significant, an addition of three to five years in the state prison is added on the prior sentence, a fine not exceeding $10,000 and a strike imposed on the defendant's record. The implication of a strike, according to three strikes law, is that the convict would face at least double their initial sentences in case they commit the crime for the second and subsequent times. More so, rape conviction with a minor raises the amount one is sentenced to state imprisonment. For a victim below the age of 18 years, the state prison sentence increases to seven, nine, or eleven years. A possible rise in the state prison term of nine, eleven, or thirteen years is applicable if the minor is below the age of 14 years.
A conviction of California rape requires that the convict undergo a lifetime tier-three registration as a sex offender under PEN code 290 PC. If the convict fails to register, there would be a likelihood of facing separate felony charges. However, there are rare cases where the victim is at least 18 years, but due to disabilities or mental disorders, they wouldn't consent to sexual intercourse. In such cases, the defendant is required to undergo a tier-two offender registration which requires 20 years minimum registration and not a lifetime.
Defense Strategies for California Rape Charges
Rape accusations require little or no evidence to count. This is the main reason why many innocent people fall victims for such unfortunate allegations and prosecutions. The most common defenses for rape cases in California include:
Falsely accused: In most cases, rape cases are initiated by emotional motives driven by factors such as jealousy, vengeance, and/or anger. There is difficulty in determining whether the rape crime allegation is real or a mere false accusation. The attorneys need to carry out a medical DNA test on the victim to make the proper determination of the claims. A negative DNA will probably dismiss the false allegations leveled on an innocent defendant.
The victim consented. In case the victim had agreed to engage in the sexual intercourse act, according to California laws, rape never occurred under such a scenario. This defense holds if the defendant believed in good faith that the victim consented to the act.
Insufficient evidence. If the prosecution lacks evidence or the evidence appears inadequate, the defendant stands a chance of not being convicted of rape. Without a medical report in the case of nil body injuries for physical injury prove, the defendant has the upper hand for winning the case. A similar situation is where the prosecution is unable to present a witness who heard or saw the act. This will be termed as insufficient evidence based on mere allegations. Such situations cause the prosecution to have difficulties in proving the charges because the only sufficient evidence is the word of the victim.
Mistaken Identity. Eyewitnesses have mistakenly identified many people in California cases. Rape cases are not exemptions. Dim/little lighting, facial masking, and photographs lined-up in police stations for identification are some factors that can render innocent people to mistaken identity. If the victim doesn't know or is not familiar with the person who raped them, they would possibly make mistakes in identifying their assailant. The defense team has to thoroughly bring to light that the accused is only a victim of mistaken identity, and not liable to criminal charges.
Restitution for Rape
Every victim of rape has the right to ask for restitution for the damages caused during the assault. Filing a lawsuit for monetary damages, applying to be compensated from the compensation board for victims in California and/or applying for restitution from the court once the defendant is found guilty are the approaches any victim can use for restitution.
But before restitution is granted, the alleged offender must be found guilty by the court. This is contrary to a civil lawsuit where the defendant doesn't need to be charged with the crime or convicted. The plaintiff incurring damages due to un-willful and nonconsensual sexual intercourse is enough for them to file for restitution lawsuit against the defendant.
A sexually assaulted victim can sue other third parties in addition to the defendant. The third party must have had the ability to take care of the victim but, somewhat, recklessly neglected it. Such examples of third parties include; parking garages that lack proper lighting due to the negligence of the garage owner, a club that hires bouncers that are associated with domestic violence that end up raping clients, or a transport company whose driver (with whom no legal requirements were recorded) rapes a passenger.
How to Find Legal Help Near Me
Seeking legal help for any rape accusation is paramount. Vista Criminal Attorney Law Firm is always ready to represent you through these criminal cases. We are awaiting your call at 760-691-1551 to start crafting the best defense strategy for your case. We offer criminal defense services across Vista, CA and the whole of North County.
