Is Prior Sexual Intercourse Evidence of Consent?
Is Prior Sexual Intercourse Evidence of Consent?
Despite any prior consensual sexual relations, a defendant can still be found guilty of rape in a subsequent sexual interaction. When there is little physical proof, the strength of the evidence depends on which side is more credible. If you have been accused of rape, you may be wondering if you can use the alleged victim’s sexual history as evidence of consent in order to acquit yourself. However, California law…
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Consensual Sex & Statutory Rape In Southern California
Consensual Sex & Statutory Rape In Southern California Have you been charged with statutory rape after engaging in consensual sex in Southern California? You’re not alone. In fact, we’ve represented numerous clients in situations similar to yours. For over 40 years, Wallin & Klarich has defended thousands of statutory rape cases throughout Southern California, and in many cases, we’ve convinced the court to reduce or drop charges. Let us help…
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California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence
California Man is Confined for 13-Years as Sexually Violent Predator While Prosecutors and Defense Display Negligence Terrance Butler was convicted of multiple rapes in 1993. Prior to his release, the Alameda District Attorney’s office filed a petition to commit Mr. Butler indefinitely as a sexually violent predator under the Sexually Violent Predators (SVP) Act. Mr. Butler was confined to a state hospital for 13 years awaiting trial…
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Is Being Drunk a Valid Defense to Rape Charges? (PC 261)
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…
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Is Rape Considered a Violent Crime? (PC 261)
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…
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The Difference Between Sexual Battery and Rape
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.…
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11 Ways To Disprove False Rape Allegations (California Penal Code Section 261)
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…
Read MoreRape 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 under California Law. 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…
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Is It Rape to Have Sex with Someone Who is Drunk? (PC 261)
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…
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