California Rape Defense Attorneys for the LGBT Community

Legal Definition of Rape in California

Rape is known as sexual intercourse without the consent of another individual, regardless of his or her gender, and is often achieved through threats, force, or fraud. When people think of rape, the first thing that often comes to mind is utilizing physical force. However, rape can be charged under circumstances that do not involve physical force. The defendant can also be accused of rape under circumstances such as when the victim is overly intoxicated, physical or mental disability of the victim, as well as incapacity on the victim’s part. If you or a loved one has been charged with rape, contact Pride Legal to get in touch with one of our LGBT and LGBT-friendly Rape Defense Attorneys today.

The most common types of rape are date rape and marital rape, which fall under forcible rape. Forcible rape involves the victim being forced into sexual intercourse with the perpetrator. Date rape involves sexual intercourse without the consent of another individual in a social setting (i.e. the victim and rapist are on a date), or when the rapist drugs the victim with the intention to engage in unlawful sexual intercourse. Marital rape involves the rape of an individual by his or her marital partner.

Elements of Rape in California

Under California Penal Code 261, rape occurs when the following elements are present:

1. The defendant used physical force, intimidation, duress, or threats;
2. The victim reacted due to fear of immediate bodily injury or injury to another person;
3. The victim lacked the capacity to consent (developmental delay, physical disability, intoxication)
4. The victim was unconscious, asleep, or otherwise unaware that sexual intercourse was happening;
5. The defendant induced sexual intercourse by making a fraudulent representation

Potential Penalties of Rape in California

Rape in California can be punishable by:

• 3, 6, or 8 years in state prison
• 9,11, or 13 years in state prison (if the victim is under 14 years of age)
• 7, 9, or 11 years in state prison (if the victim is a child over 14 years of age)
• Additional sentencing based on other factors

Know Your Rights About Sex Crimes

1. There are statutes of limitations for various sex crimes.
2. Gather as much evidence as possible. Sex crime cases are often based on “he said she said” evidence. Concrete evidence will greatly help you.
3.  Invoke your 5th amendment rights (don’t speak to authorities until you have a lawyer present).
4. Although you have rights and should exercise them, do not obstruct police investigations. This will only harm you.
5. Most importantly, hire an experienced attorney. To protect your rights, hire someone who understands them.

Contact Pride Legal

If you or a loved one has been charged with rape, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.