Is Rape Considered a Violent Crime? (PC 261)
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 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…
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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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8 Things You Can Do to Help a Loved One Facing Rape Charges 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”),…
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8 Things to Do Before Rape Charges are Filed Against You
8 Things to Do Before Rape Charges are Filed Against You Rape is a serious charge that can affect your housing, career, and personal life. The crime, defined under Penal Code 261, can be charged as a misdemeanor or felony. 1 The penalties include incarceration, a monetary fine, and court-ordered completion of a rehabilitation program. You will also be required to register as a sex offender. 2 If you have…
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New California Rape Law: Everything You Need to Know (PC 263.1)
New California Rape Law: Everything You Need to Know (PC 263.1) In the months since Stanford student Brock Turner was issued a lenient sentence for alleged sexual assault of an unconscious woman, there has been a lot of talk about changing the way California handles sex crime cases. Now, a new law is in place that lawmakers believe will fix the issues with rape and sexual assault sentencing in California.…
Read MoreAre Sexual Consent Contracts a Valid Defense to Rape Charges?
Are Sexual Consent Contracts a Valid Defense to Rape Charges? Recently, a company began selling what it is calling a possible solution the he-said, she-said nature of sexual consent. The company is offering a sexual consent kit, which includes breath mints, a condom, a pen and a contract that you and your partner sign before you engage in sexual activity. The simple contract included in the kit (you can also…
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