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Riverside Sex Crimes Defense AttorneyRape Law in CaliforniaCalifornia Penal Code 261 Rape in California is defined as the non-consensual intercourse with a woman accomplished by threats or force. Most of the California rape laws can be found in the Penal Code 261 sections. The punishment or penalties for rape in California can include up to 8 years state prison for a first offense, as well as lifetime registration as a sex offender. While rape is certainly a terrible and very serious crime, many innocent people are accused of rape. The reasons can include mistaken identification; a misunderstanding among the parties as to the issue of consent; and false accusations by a victim because of anger, jealousy or other ulterior motives. If you or a loved one has been investigated for, arrested, or charged with rape, contact a California criminal defense lawyer with experience defending against sex crime charges. An experienced criminal defense lawyer should be bought onboard early, even before formal charges are filed. Below is a modified version of the California Judicial Council's jury instruction describing what the prosecution would have to prove in order for a defendant to be convicted of rape in California under Penal Code Section 261: The Elements of the Crime of RapeThe defendant is charged with rape by force. To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant had sexual intercourse with a woman; 2. He and the woman were either not married or married to each other at the time of the intercourse; 3. The woman did not consent to the intercourse; AND 4. The defendant accomplished the intercourse by any of the following: Sexual intercourse in the rape law context means any penetration, no matter how slight, of the vagina or genitalia by the penis. Ejaculation is not required. Consent as a Defense in Rape CasesTo consent, a woman must act freely and voluntarily and know the nature of the act. A woman who initially consents to an act of intercourse may change her mind during the act. If she does so, under the law, the act of intercourse is then committed without her consent (in effect is rape) under California law Penal Code Section 261 if:
1. She communicated to the defendant that she objected to the act of intercourse and attempted to stop the act; 2. She communicated her objection through words or acts that a reasonable person would have understood as showing her lack of consent; AND 3. The defendant forcibly continued the act of intercourse despite her objection. Defense: Reasonable Belief in ConsentThe defendant is not guilty of rape if he actually and reasonably believed that the woman consented to the intercourse. The People have the burden of proving beyond a reasonable doubt that the defendant did not actually and reasonably believe that the woman consented. If the People have not met this burden, you must find the defendant not guilty of the rape charge. |
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Los Angeles Sex Crime Defense Attorney Disclaimer: The rape, indecent exposure, prostitution, lewd conduct, sex crimes, criminal defense, white collar crimes, expungements or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship. Our criminal defense law firm serves the following communities, among others: Los Angeles County, California, Agoura, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, El Segundo, Encino, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, Westlake Village, Whittier, Woodland Hills, California, Orange County Criminal Defense Attorney and DUI lawyer for Orange County; Attorney and DUI lawyer San Bernardino County, California, Ontario, Rancho Cucamonga, Fontana, Redlands, Upland, Riverside, Corona, Norco, Santa Barbara County, Santa Barbara.