The Primary Defenses To A Date Rape Charge – Penal Code Section 261
The Primary Defenses To A Date Rape Charge – Penal Code Section 261
The Primary Defenses To A Date Rape Charge - Penal Code Section 261 Being accused of a crime as serious as date rape can be a life-altering event. In California, the legal system treats such allegations with the utmost gravity, often leading to severe consequences if convicted. This blog post aims to guide you through understanding the complexities of date rape charges and how to build a strong defense with…
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How Wallin & Klarich Can Help You Fight a Rape Charge In California
How Wallin & Klarich Can Help You Fight a Rape Charge In California Being accused of rape is a harrowing experience that can upend your life in ways you never imagined. The emotional, legal, and social ramifications are profound. Understanding the complexities of the law and the legal process can help you better navigate this challenging time. This post aims to provide accused individuals with crucial information about what happens…
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You Can Go To Prison For “Assuming” That A Person Has Consented To Having Sex With You | Rape Charges PC 261
You Can Go To Prison For “Assuming” That A Person Has Consented To Having Sex With You | Rape Charges PC 261 People v. Lewis Date rape refers to non-consensual sexual intercourse that occurs between individuals who know each other, often through social relationships or during a date. It is characterized by the lack of consent from one party, typically obtained through the use of physical force, coercion, or the…
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What is “Consent” in the Eyes of the Law?
What is “Consent” in the Eyes of the Law? In general, consent refers to giving permission or agreement for something to happen. In legal terms, it can be defined as giving voluntary and knowledgeable approval for a particular action or behavior. But what does consent mean specifically in the state of California? Let's take a closer look at how the law defines and handles consent in various situations. Choosing Wallin…
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California’s Spousal Rape Laws and Penalties
California's Spousal Rape Laws and Penalties Until October 2021, spousal rape was a criminal offense under California Penal Code Section 262. After the passing of Assembly Bill 1171, however, the law was repealed, and spousal rape came to be prosecuted largely the same as non-spousal rape under PC Section 261. Below, our attorneys discuss the penalties and defenses for spousal rape today. What Is Spousal Rape? Spousal rape, also referred…
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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…
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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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