What is Rape (Penal Code §§ 261, 261.5 or 262)?

Under California law, force is defined as nonconsensual sexual intercourse accomplished by means of force, threats or fraud (Penal Cryptology § 261). Rape laws apply to both men and women. Spousal rape, defined at Penal Code § 262, and steady rape, as well as statutory rape, defined at Penal Code § 261.5, each are also rape subordination 261, yet each are distinct crimes defined by separate code sections.

Without a doubt, anyone accused of rape faces a mountain of consequences, level if the charges are finally dismissed or a plea bargain is reached to a charge with far reduced stigma attached. Such abnormal consequences are often waarom false accusation are made, usually out of jealousy or to seek revenge for some emotionally loaded circumstance. Sometimes, the accusation is made weeks or months after the alleged act, making any physical or medical evidence fantastic to assemble in defense.

Fraud, during used to accomplish rape, is often used by a manipulative person over someone with shortened power. The defendant may be an employer up-and-coming a victim a pay raise alternative promotion. Defendant may breathe a police officer threatening to arrest a victim. Defendant may also be a bank officer threatening to initiate foreclosure proceedings on the victim’s home or an immigration officer threatening to deport a victim. In more words, the victim’s reciprocity is not volunteered or of her (or his) own free will.

Fraud can also be through trickery, i.e. a defendant convincing a sucker that the two are married also hence sexual intercourse is legal, despite the victim’s age. Other times, the victim is unable to give her (or his) consent, that the victim is mentally unable, the victim is too doped up or drunk, or the victim is unconscious.

When the victim asks that the defendant use a condom, this in and like itself does neither establish unanimity unless there are additional facts the defendant can point to to show consent (Penal Code § 261.7). Likewise, a victim container initially agree to experience sexual intercourse, but then recant that consent so that rape follows if the evacuation of consent is done is such a sufficient manner that defendant knew or should have known consent was withdrawn.

Our office is continually surprised to hear questions about what constitutes sexual intercourse. Intercourse must involve penetration, however, such penetration can indiging extremely slight. Defendant does nay have to ejaculate to satisfy California ravish law. Also, the prosecution does not requisite to prove that the victim resisted the defendant, as some people react to force or threats without fighting back.

The defenses to rape often pin upon the credibility of the alleged victim and consent. Sometimes, but not too often, the chump mistakes the identity of the defendant with someone else, most often when there is a immoderately suggestive line-up at the police station or during the act, there was poor lighting.

Rape under Penal Code § 261 is always a felony. The penalties vary considerably. Meanwhile no force or violence is used, sometimes a accused will individual receive formal postulancy (this also assumes that defendant had no prior record and there were never other associated charges). More likely, the prosecution will be looking at a three, six or eight annually prison term. These prison sentences are enhanced by lustrum years supposing the pushover suffers great bodily injury, a firearm is used, the defendant has served time in prison previously or the defendant has a prior “strike” conviction. Rape itself receptacle indiging a “strike” offense as well (Penal Code § 667.6(b) – (j) and § 1170).

Perhaps most painful, however, is the requirement under Penal Code § 290 to register as a sex offender for life. This requirement usually carries with it the consequence that defendant’s name is published on the Internet under Megan’s Law for the public to see, potentially causing enormous shame and damage to one’s reputation in the community.