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.
Prosecution for Rape in Ventura
To secure a conviction against you for rape in Ventura, the prosecutor must prove the following:
1. You had sexual intercourse with the victim;
2. You were not married to the victim at the time of intercourse;
3. The victim did not consent to the intercourse; AND
4. You accomplished the intercourse with the use of force, threat or fraud.
Sentencing and Punishment for Rape in Ventura
The sentencing for a rape conviction in Ventura can be severe. Under California law, rape is a felony, punishable by a prison term of up to eight years in state prison. If the victim sustains great bodily injury as a result of the rape, the judge may impose an additional prison term of up to five years. If convicted, you will likely be required to register as a sex offender under PC 290 (link).
Defenses to Rape in Ventura
Fortunately, your Ventura Wallin & Klarich Rape Defense Attorneys can obtain the best possible outcome in your case by using a variety of defenses, including:
An accuser may have falsely claimed rape due to jealousy or anger towards you. Your Ventura Wallin & Klarich Rape Defense Attorneys can search emails, voicemails, and other communications between you and your accuser (or even the accuser and a third party) to help reveal his or her dishonest motives. In addition, your Wallin & Klarich Attorneys will carefully examine the victim’s history of allegations to determine whether a suspicious pattern of false accusations exists.
If a victim was unable to properly and correctly identify his or her attacker, this defense applies. For example, the victim may have had difficulty accurately identifying his or her attacker if:
• The act took place under dim lighting;
• The attacker was wearing a physical disguise;
• The victim was intoxicated at the time of the act; or
• The victim was involved in a prejudicial police line-up.
If you reasonably believed that the victim consented to intercourse, then you have a complete defense to rape. The jury will examine the circumstances surrounding the incident and determine whether your belief that the victim consented was reasonable.
If the victim initially consented to the intercourse, but later withdrew his or her consent, you can still be charged with rape if:
1. The victim communicated to you that she objects to the intercourse and wishes to stop;
2. The victim communicated his or her objection through words or actions that a reasonable person would understand as lack of consent; AND
3. You forcibly continued the act of intercourse despite the objections.
Ventura Rape Defense Attorneys at Wallin & Klarich
If you are being accused of rape in Ventura, Wallin & Klarich can help. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, our highly skilled and professional Ventura Rape Defense Attorneys have over 30 years of experience successfully defending clients against rape charges.
Call us today at (877) 466-5245 or fill out our confidential form online. We will be there when you call.