November 24, 2015 By Stephen Klarich

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.

If you are accused of rape in Los Angeles, it is very important that you hire an experienced Los Angeles rape attorney who will fight understands the valid defenses to rape charges. At Wallin & Klarich, our skilled attorneys have been successfully defending clients accused of rape for over 30 years. These are some of the defenses we’ve successfully used to help our clients in the past:

Defenses to Rape in Los Angeles

Mistaken Identity

In many rape cases, the alleged victim may not have properly and correctly identified the attacker. For example, the victim may have had difficulty accurately identifying his/her attacker if:

  • The act took place under dim lighting;
  • The attacker was wearing a physical disguise;
  • The victim used mind-altering substances at the time of the act; or
  • The victim was involved in a prejudicial police line-up.

Mistaken identity could be a defense in your case. If you were mistakenly identified as the attacker, our criminal defense attorneys can help you prove this.

Insufficient Evidence

Rape cases often lack the amount or quality of evidence required to secure a conviction. For example, if the victim fails to seek medical attention after the alleged incident, the prosecutor may not have enough physical evidence to prove the accusations against you.

Depending on the facts of your particular case, your Los Angeles criminal defense attorney may be able to argue that the evidence presented against you is insufficient to convict you of rape.

False Accusations

In some cases, an accuser may falsely claim rape due to jealousy or anger toward the alleged assailant. To protect you from false rape accusations, your defense lawyer can investigate emails, voicemails and other communications between you and your accuser (or even the accuser and a third party).

This may help expose the accuser’s true motives. In addition, we will look at the victim’s history of allegations to determine whether a suspicious pattern of false accusations exists. If we can attack the credibility of the victim, you will likely not be convicted of rape.


If you actually and reasonably believed that the victim consented to intercourse, the defense of “consent” applies. Even if the victim originally consented but later changed his or her mind, you can still use the consent defense under certain circumstances. The court will examine the circumstances surrounding the incident and determine whether your belief that the victim consented was reasonable.

Call an Experienced Rape Attorney Today

rape in Los Angeles
We can help you now if you are accused of rape in Los Angeles.

If you are looking for a Los Angeles rape defense lawyer to represent you, Wallin & Klarich can help. We have over 30 years of experience successfully defending our clients facing rape charges in Southern California. Let us help you now.

With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, West Covina, Sherman Oaks, Victorville and Torrance, our highly skilled and professional defense lawyers are available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our confidential form online. We will be there when you call.

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