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December 9, 2009

Consent to Sexual Intercourse is Difficult to Define in Sex Crime Cases

California Penal Code Sections 261, 262, 286, 288(a), and 289 encompass sexual intercourse where consent might be an issue. A defense to a rape charge under Penal Code Section 261 is that the alleged victim “consented.” To legally consent, the law provides that a person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved.

A current or previous dating or marital relationship may not be sufficient to constitute consent. Also, evidence that the victim suggested, requested, or otherwise communicated to the defendant that the defendant use a condom or other birth control device, while significant “circumstantial evidence” does not prove consent. Consent is a question that is left to the jury to decide.

It is particularly important to have an experienced and knowledgeable attorney represent you if you have been charged with a sex crime. The Southern California sex crime defense attorneys at Wallin & Klarich have over 30 years of experience in handling sex crimes and have the expertise to tackle the complex issue of consent in a rape or similar sexual offense cases. It may not be apparent from the actions of the victim that there was consent, but the uncovering of additional evidence of the victim’s attitude could readily show that the alleged victim indeed consented.

We aggressively investigate the circumstances of allegations in order to provide our clients with the best possible defense. We have a proven track record and are ready to help you through this time of crisis. You can reach our highly skilled criminal defense law firm 24 hours a day, 7 days a week at (877) 466-5245 for more information.

Author:Stephen D. Klarich

Stephen D. Klarich is one of the most highly respected sex crime attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Klarich a premiere Southern California attorney. Mr. Klarich founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Klarich has been successfully representing clients for more than 38 years. Clients come to him for help in matters involving sex offenses, murder, violent crimes, misdemeanors, felonies and other sex crimes. View all posts by Stephen D. Klarich.

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