Rape Articles

Rape of an Intoxicated Woman – Penal Code Section 261(a)(3)

Most people in the general public have a broad perception that rape is a crime that involves sexually forcing yourself upon a person without their consent. Although this may be true in some circumstances, rape is legally defined in California as an act of sexual intercourse with a person – who is not the spouse of the perpetrator – under circumstances that do not necessarily involve the use of force, but…

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Is Being Drunk a Valid Defense to Rape Charges? (PC 261)

While most people are aware that a person’s consent to sexual activity can be invalid if he or she was under the influence of alcohol or other drugs at the time, many people are likely unsure of whether that rule applies in reverse. In other words, can a person defend against a charge of rape if he or she was drunk at the time he or she supposedly committed the…

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Statutory Rape

What Constitutes Statutory Rape? (PC 261.5)

The crime of statutory rape can be confusing for some people because it involves an act in which you may think you have the consent of your sexual partner. However, if your sexual partner is under the age of 18, he or she is not able to provide legal consent to sex. Our skilled statutory rape defense attorneys have been successfully defending clients accused of statutory rape for more than…

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Is Rape Considered a Violent Crime? (PC 261)

Most everyone understands that rape is a serious criminal offense, but many people do not know whether a rape conviction could lead to a strike being added to your criminal record under California’s Three Strikes law. You will receive a strike on your criminal record in California if you are convicted of a “serious or violent” crime. So, is the crime of rape under PC 261 considered a violent crime?…

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The Difference Between Sexual Battery and Rape

While pretty much everyone has heard the terms “sexual battery” and “rape,” there is often confusion as to what these terms really mean. Our experienced sex crimes lawyers have been successfully defending clients facing sexual battery and rape charges for more than 35 years. Our lawyers know how California distinguishes these separate criminal offenses. Let’s examine the difference between sexual battery and rape. The Crime of Sexual Battery (PC 243.4)…

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11 Ways To Disprove False Rape Allegations (California Penal Code Section 261)

If you are convicted of rape in California under PC 261, you face up to 8 years in state prison, $10,000 in fines and lifetime registration as a sex offender. These are severe consequences. That is why you need to begin building your defense immediately. Your first step is to hire an experienced rape defense law firm to prepare your defense strategy. At Wallin and Klarich, our skilled and knowledgeable…

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Rape of an Intoxicated Woman – Penal Code Section 261(a)(3)

Most people in the general public have a broad perception that rape is a crime that involves sexually forcing yourself upon a person without their consent. Although this may be true in some circumstances, rape is legally defined in California as an act of sexual intercourse with a person – who is not the spouse of the perpetrator – under circumstances that do not necessarily involve the use of force, but…

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The Difference Between Statutory Rape and Rape in California

The crimes of statutory rape and rape are often confused. Although they both involve sexual acts, these crimes are very different. Let’s examine how the crime of rape is different than the crime of statutory rape. Defining the Crimes of Rape and Statutory Rape Under California Penal Code Section 261, rape is a very serious crime that requires the accused to have engaged in “nonconsensual sexual intercourse accomplished by means…

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Is It Rape to Have Sex with Someone Who is Drunk? (PC 261)

You go out on a date with a beautiful woman. Trying to impress her, you order a fine bottle of wine. Before you know it, your date has had several glasses. When you take her home, she asks you in. You know what that means. It appears that she is a willing participant in sexual relations, but you’re not quite sure. Can she legally give consent to sex if she…

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Rape Lawyer in Anaheim

8 Things You Can Do to Help a Loved One Facing Rape Charges in Anaheim

Rape is one of the most serious crimes prosecuted in the state of California. A mere accusation of rape can leave you with a negative stigma that is difficult to overcome. A conviction for rape in Anaheim can lead to severe consequences, including a lengthy prison sentence, heavy fines, a violent criminal record (a “strike”), GPS-enforced parole supervision upon release from custody, separation of families and, worst of all, mandatory…

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