Updated on October 3rd, 2023
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A San Diego rape lawyer can help you in clearing your name when accused of rape in the city or county.
Rape is a serious sex offense in San Diego County that requires contacting and hiring the representation of one of the best San Diego rape attorney on your side.
San Diego Rape Lawyer, Laws, And More
What Is Considered a Rape?
Penal Code §261 defines Rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraphs, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
A. Was unconscious or asleep.
B. Was not aware, knowing, perceiving, or cognizant that the act occurred.
C. Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
D. Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
(5) Where a person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief.
(6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death.
A San Diego rape attorney law firm can you understand more of how the California rape law and how defend you.
(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.
Possible Attorney Defense Strategies For Your Rape Charges
If you hire the right experienced San Diego rape lawyer, he or she can defend you by using Penal Code §261.6 that defines “consent” as positive cooperation in act or attitude pursuant to an exercise of free will.
They can also use insufficient evidence, question the accuracy of the eye witness and lack of one, and that you are falsely being accused.
Your attorney will also question the accusers motive(s) and look for prior history of such behavior of falsely accusing others.
SUFFICIENCY OF PENETRATION REQUIRED FOR A RAPE TO OCCUR
Penal Code §263 states that “any sexual penetration, however slight, is sufficient to complete the crime” of rape.
RAPE OF SPOUSE
Penal Code §262 States that, in certain situations, a person may be convicted of raping his or her own spouse.
Consent Issues With Rape
Penal Code §261.6 that defines “consent” as positive cooperation in act or attitude pursuant to an exercise of free will.
The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.
A current or previous dating or marital relationship shall not be sufficient to constitute consent where consent is at issue.”
Further, Penal Code §261.7 provides that, when consent is an issue in a case, evidence that the alleged victim suggested, requested, or communicated that the defendant use a condom or other birth control device, without additional evidence of consent, is not sufficient evidence alone to constitute consent.
When convicted of raping someone in California, the penalties are heavy and it is considered a felony.
You will likely face up to 3 to 8 years in a state prison.
Your may also pay a fine up to $10,000. This type of charge can also be counted as a "Strike" on your criminal record.
As you can see being convicted of a rape is a has serious consequences.
Rape Lawyer in San Diego Area FREE Legal Consultation
Have you been accused of raping someone in San Diego county?
Call to be connected with a San Diego rape lawyer who might be able to defend you and your rights.