California Rape Defense Attorneys

Rape is defined as forcing a person to have sexual intercourse against that person’s will, typically through use of physical force.

According to California Penal Code 261, Rape is considered as such when sexual intercourse is forced upon a person and:

• that person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent
• 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
• that person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance
• that person is incapable of resisting because the victim meets one of the following conditions:
• was unconscious or asleep
• was not aware, knowing, perceiving, or cognizant that the act occurred
• 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
• that 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
• 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
• 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

Although sometimes Los Angeles rape cases are very clear cut, with a perpetrator clearly guilty of the crime and the victim truly having been victimized, other times the details of rape accusations can be somewhat blurred. Victims may not remember details accurately, friends may coerce them into thinking a certain way, or even law enforcement may persuade a victim to quickly identify an attacker. In many instances, the sexual activity started as consensual and later the alleged victim had regrets and due to pressure from family or feelings of embarrassment, they then allege rape.

Many times, there will be so-called “medical evidence” of forced penetration. Wallin and Klarich often need to employ other doctors to refute the findings made by the doctor employed by the prosecution.

There are numerous defenses against Rape accusations, and the California Rape attorneys at Wallin & Klarich are here to aggressively defend your rights. Allow us to examine your case, and we will see to it that you are given every opportunity to clear your name. Please call us today for a free consultation.

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