October 2, 2018 By Stephen Klarich

What is the Crime of Attempted Rape? (PC 261 and PC 21a)

After a date, you take your date back to her home and begin to get intimate. You believe you have your date’s consent to have sexual intercourse, so you start to take her clothes off. Now, she is starting to use physical force to stop you from taking her clothes off, but you fight her off and keep going. Then, her roommate walks in and you stop. Could be convicted of attempted rape?

What is an Attempted Crime? (PC 664)

Under California Penal Code Section 664, an unsuccessful attempt at nearly any criminal act can be punished. An attempt is deemed a crime itself if the person intended to commit the crime and took a direct but ineffective step toward the crime’s commission. In most cases, the punishment for an attempted crime is half the sentence that would be imposed if you had completed the crime.

The Crime of Rape (PC 261)

In order to understand an attempted crime, we must explore what the completed crime is. In California, rape is any sexual intercourse accomplished against the consent of the victim through any of the following:

  • Force or violence
  • Coercion or duress
  • Loss of consciousness
  • Intoxication
  • Mental disability or disorder
  • Threats against the victim or another
  • Fear of bodily harm to the victim or to another
  • Fraud or deceit

The essential component of rape is that the victim did not or was not able to give his or her consent to sexual intercourse.

What is Attempted Rape?

Based on the definition of rape, attempted rape is an attempt to have sexual intercourse with another person without that person’s consent where no sexual penetration occurs.

How might this happen? The intended victim may be able to successfully fight off the attempt before any penetration occurs or the perpetrator may withdraw from the attempt after changing his or her mind.

In these cases, the prosecution must prove beyond a reasonable doubt that you intended to rape another person and took a direct, though ineffective step toward doing so. Evidence of attempted rape could include that the victim’s clothes were removed or evidence of injuries from defending against the attack.

Punishment for Attempted Rape

If you are convicted of attempted rape, you will likely face half the sentence for rape. Rape is a felony punishable by three, six or eight years in state prison and a fine of up to $10,000. Thus, an attempted rape conviction could carry a sentence between one-and-a-half to four years in state prison and a maximum fine of $5,000.

Another consequence of both rape and attempted rape is that you will have to register as a sex offender under California Penal Code Section 290.

Contact the Attempted Rape Defense Attorneys at Wallin & Klarich Today

An attempted rape conviction could dramatically alter the course of your life. That is why you should exercise your right to be represented by a skilled and knowledgeable attempted rape defense attorney.

Our rape defense lawyers at Wallin & Klarich have been successfully defending clients accused of attempted rape for more than 35 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced and skilled Wallin & Klarich criminal defense attorney available to help you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

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