Rape of an Intoxicated Woman – Penal Code Section 261(a)(3)
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…
Read More
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…
Read More
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…
Read More
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”),…
Read More
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…
Read More
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…
Read MoreWhen Attempted Rape is Not a Violent Crime
When Attempted Rape is Not a Violent Crime Attempted rape falls under a violation of California Penal Code 261 and is generally considered a violent crime. If you are accused of such a crime, the prosecution will attempt to prove that you intended to engage in sexual intercourse with someone who was not consenting through force or the threat of force, and that person fought you off or escaped before…
Read MoreWhat does the prosecution need to prove to find me guilty of rape in Riverside? (PC 261)
Under California Penal Code section 261, rape is defined as an act of sexual intercourse with someone other than your spouse that is accomplished with the use of force, threat or fraud. Our Riverside Rape Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending rape cases. We are ready to answer any questions you have about your rape charge in Riverside. Prosecution for Rape in…
Read MoreWorst Punishments for Rape in San Bernardino (PC 261)
Worst Punishments for Rape in San Bernardino (PC 261) Under California Penal Code section 261, rape is defined as an act of sexual intercourse with someone other that your spouse that is accomplished with the use of force, threat, or fraud. Our San Bernardino Rape Defense Attorneys at Wallin & Klarich have over 30 years of experience in winning rape cases. We are ready to answer any questions you have…
Read More