Sexual assault is a general term which covers a range of crimes, including rape. As defined under California law, rape is non-consensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress.
Sexual intercourse is considered non-consensual and, therefore, rape when the person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical disability renders the victim incapable of giving consent.
Whether the accused is a stranger, acquaintance, spouse, or friend is irrelevant to the legal definition of rape. Beside rape, other acts of sexual assault include forced anal intercourse, forced oral copulation, penetration of the anal or vaginal area with a foreign object, and forcibly touching an intimate part of another person.
Men as well as women can be victims of these other forms of sexual assault. Unlawful sexual intercourse with a minor (statutory rape) occurs when the victim is considered incapable of giving legal consent because they are under 18 years of age, even if the intercourse is consensual. Where the person engaging in sexual intercourse with a minor is not more than three years older than the minor, the crime is a misdemeanor. If the person engaging in sexual intercourse is more than three years older than the victim, then the crime can be a felony.
The experienced Southern California sex crime defense attorneys at Wallin & Klarich have years of experience handling misdemeanor and felony sex cases in San Bernardino, charges related to failing to register as a sex offender, and three strikes cases. The aggressive attorneys at Wallin & Klarich are known for zealously representing their clients in order to provide them with the best defense possible. Call Wallin & Klarich today at (877) 466-5245 for a consultation of your case.