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. Our Riverside Rape Defense Attorneys at Wallin & Klarich have over 30 years of experience successfully defending rape cases. We are ready to answer any questions you have about your rape charge in Riverside.
Prosecution for Rape in Riverside
To convict you of rape in Riverside, 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, threats, or fraud.
Consent can only be given when the victim freely and voluntarily gives consent while aware of the nature of the sexual intercourse.
Common instances when there is a lack of consent to the intercourse occurs when the victim was:
• Communicating to you that he/she objected to the intercourse ;
• Incapable of giving legal consent due to a mental or physical disability;
• Under the influence of drugs or alcohol; or
• Unconscious or unaware of the nature of the act.
What happens if one party to the intercourse changes their mind during the sex act?
When a victim initially consents to intercourse, but then changes his/her mind, you can be charged with rape if:
1. The victim communicated to you that she objects to the intercourse and wishes to stop;
2. He/she communicated his/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.
When you actually and reasonably believe that the victim consented to the intercourse, you may claim the defense of consent. The jury will examine the circumstances surrounding the incident and determine whether your belief that the victim consented was reasonable.
Sentencing and Punishment for Rape in Riverside
Due to the seriousness of a rape charge in Riverside, the punishment for a rape conviction is quite severe. In California, rape is charged as a felony, with a possible prison term of up to eight years in state prison. If the victim sustains great bodily injury as a result of the rape, such as extensive bruising or soreness in the vaginal area, the judge may sentence you to an additional prison term of up to five years.
In addition, the court will require that you register as a sex offender in California. You will be required to register as a sex offender with your local law enforcement agency and annually update your sex offender registration as long as you work, live, or attend school in California.
Defenses to Rape in Riverside
Fortunately, your Riverside Wallin & Klarich Rape Defense Attorney can help you get your rape charges reduced or dismissed by using a variety of defenses including:
• False Accusations;
• Mistaken Identity;
• Consent; and
• Insufficient Evidence.
Riverside Rape Defense Attorneys at Wallin & Klarich
If you are looking for a Riverside Rape Defense Attorney to represent you, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks, our highly skilled and professional Rape Defense Attorneys will conduct a thorough investigation of the facts and passionately fight for your freedom.
Call us today at 877-466-5245 or fill out our confidential form online. We will be there when you call.