You Can Go To Prison For “Assuming” That A Person Has Consented To Having Sex With You | Rape Charges PC 261
People v. Lewis
Date rape refers to non-consensual sexual intercourse that occurs between individuals who know each other, often through social relationships or during a date. It is characterized by the lack of consent from one party, typically obtained through the use of physical force, coercion, or the victim’s incapacitation. In California, Penal Code Section 261 governs date rape, which defines rape as non-consensual sexual intercourse accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. The law applies to various circumstances, including situations where the victim is unable to give legal consent due to intoxication, mental disorder, or physical incapacity. However, even if you assume that you had “consent” to engage in sexual intercourse with a person you could still face a prison sentence, as the Lewis case below explains. People v. Lewis(2024).
Background
In Lewis, a woman and a man went to a bar. At some point while at the bar, the woman lost her phone. Defendant, after stating he might know someone who had her phone, offered to buy her a drink at the bar and the woman agreed. After having a couple drinks, the bartender refused to continue serving the woman alcohol because she looked too intoxicated. Nonetheless, the Defendant bought her another drink. Afterwards, the Defendant and the woman left the bar together. The next morning, the woman was found in a park without clothes on. The woman stated she did not remember anything that happened the previous night. Upon finding the woman, she was taken to the hospital where her urine tested positive for alprazolam, an oral depressant that can cause “fogginess” and memory problems when combined with alcohol. Lewis was ultimately arrested and charged with rape pursuant to Penal Code Section 261. His case went to trial.
During trial, toxicology evidence was presented that showed the woman’s blood alcohol level the morning after the alleged assault was 0.18. An expert concluded that the woman’s blood alcohol was likely 0.35 at the time of the alleged assault. Furthermore, the Defendant admitted that he believed the woman was intoxicated while leaving the bar. The trial court found the Defendant guilty of kidnapping and rape. The Defendant appealed these convictions.
On appeal, the court looked to see if the circumstances in the case reasonably justified the jury’s findings. In this case, the court looked to find if the circumstances could reasonably justify the jury’s guilty verdict as to the rape charge that had been filed by the District Attorney against Lewis. Penal Code Section 261(a)(3) states that a defendant “who engages in an act of sexual intercourse where the victim is prevented from resisting by an intoxicating substance while knowing of the victim’s condition” is guilty of rape. In this case, the Defendant admitted that he believed the victim was intoxicated prior to having sexual intercourse with her. Because there was sufficient evidence of the woman’s intoxication level, both from toxicology reports and expert testimony, the court found that a jury could reasonably find the man guilty of rape. The court also noted that, while there are different levels and severities of intoxication, the inability to consent to sexual intercourse does not require total incapacitation or unconsciousness.
Assumption of Consent
The Lewis case serves as an important reminder that just because you think someone consented to sexual intercourse does not mean that the law will agree. This means that even if the person tells you that they consent, if at the time you are aware that the other person is visibly intoxicated you could face rape charges and a possible prison time if convicted of the crime. Furthermore, this case shows that someone who is visibly intoxicated is legally not able to consent to sexual intercourse.
If you find yourself facing rape charges, it is important to hire an experienced rape criminal defense attorney to represent you. In addition to building a strong defense, your attorney can attack the credibility of the prosecution’s witnesses as well as attack the validity of other evidence.
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