It’s Friday night and you are looking forward to celebrating the end of the week. You decide to unwind by visiting the new nightclub. You meet a woman, hit the dance floor, share a few drinks, and head back to your place to have sexual intercourse. She accuses you of rape the following morning.
Now, what do you do? It is probably a scary and confusing moment for you. If you are charged with rape, it is imperative that you call our rape attorneys at Wallin & Klarich immediately.
What does the prosecution need to prove for a conviction?
The prosecutor will need to prove the following four elements beyond a reasonable doubt in order to convict you of rape:
- You actually engaged in sexual intercourse with the accuser;
- You were not married to the accuser at the time of the intercourse
- The accuser did not consent to the sexual intercourse; and ;
- You accomplished the intercourse using any of the following acts:
- Force or fear, which may include violence, duress, or fear of immediate and unlawful bodily injury
- Threats, including a threat of future retaliation against the accuser
- Threatening to use the authority of a public figure to incarcerate, arrest, or deport the accuser.
If the initial sexual intercourse was consensual, but the accuser later changed her mind, you may still be convicted of rape if:
- She objects to the intercourse and communicates a desire to stop it
- She communicated this objection through words or actions that a reasonable person would understand as a lack of consent; AND
- Despite her objections, you forcibly continued the act of intercourse
Punishment for a rape conviction (PC 261)
Rape is charged as a felony under California Penal Code 261. If you are convicted of this crime, you face up to eight years in state prison. A rape conviction will also mean that you will have to register as a sex offender under PC 290 for the rest of your life.
How can the attorneys at Wallin & Klarich defend me against a rape charge?
The skilled rape defense attorneys at Wallin & Klarich have over 30 years of legal experience defending clients accused of rape under California Penal Code 261. There are a number of potential defenses that our attorneys can raise on your behalf. These defenses may include:
The accusation was false
The accuser may falsely claim rape due to some untrustworthy motive, such as anger or jealousy. Your Wallin & Klarich attorney will employ a number of strategies such as investigating emails, voicemails, and other communications to reveal the accuser’s true motives. Also, your Wallin & Klarich attorney may be able to determine if your accuser has a history of false allegations against innocent suspects. This can further show that the accusation against you is false.
You obtained consent from the accuser prior to engaging in sexual intercourse
You may not be convicted under California Penal Code 261 if you believed that your accuser consented to the intercourse. Consent to intercourse can only be given when the accuser freely and voluntarily gives consent while she is aware of the nature of the intercourse.
Insufficient evidence that a rape occurred
Our skilled attorneys will examine whether the prosecutor has sufficient evidence to prove that the rape occurred beyond a reasonable doubt. We will question every piece of evidence that the prosecutor uses against you to challenge your rape charge.
The accuser has mistakenly identified you
Our rape defense attorneys will examine whether the accuser’s ability to identify her assailant was impaired by drugs, alcohol, or other circumstances. The accuser may have mistakenly identified her assailant due to her impaired memory.
Why you should retain the skilled rape defense attorneys at Wallin & Klarich
If you are accused of rape in California, you need to speak to an experienced criminal defense attorney at Wallin & Klarich immediately. Our skilled rape attorneys have been successfully defending our clients accused of rape for over 30 years. We have the knowledge and experience necessary to help you face these charges.
With offices in Los Angeles, San Bernardino, Orange County, Victorville, Riverside, Sherman Oaks, West Covina, Torrance and Ventura, our rape attorneys at Wallin & Klarich are available to help you no matter where you work or live.
Call our offices at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.