Defending Against Rape Charges in Los Angeles

Rape stands as one of California’s most serious sex crimes, carrying profound consequences when facing such charges. If you face an accusation of rape, it’s imperative to promptly consult with a skilled attorney. The absence of appropriate legal representation may place your freedom and future in jeopardy. At the Law Offices of Arash Hashemi, we recognize the severity of rape charges, and we commit to an assertive defense of your rights and reputation.

Abuse

Understanding California’s Definition of Rape

In California, rape is defined under two key sections of the California Penal Code:

  • Penal Code Section 261: This section encompasses various forms of rape involving adults and outlines specific circumstances under which an act of sexual intercourse may be considered rape.
  • Penal Code Section 261.5: This section addresses unlawful sexual intercourse with a minor (a person under the age of 18), also known as statutory rape. It categorizes these offenses based on age differences between the parties involved and outlines penalties for such cases.

Key points from Penal Code Section 261

  • Engaging in sexual intercourse with a person incapable of giving legal consent due to a mental disorder, developmental disability, or physical disability, known or reasonably should be known by the perpetrator.
  • Forcing sexual intercourse against the victim’s will through means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
  • Using intoxicating, anesthetic, or controlled substances to prevent the victim from resisting, with knowledge or reasonable awareness by the accused.
  • Engaging in sexual intercourse with a victim who is unconscious or asleep, or not aware of the act’s nature due to the perpetrator’s fraud or fraudulent representation.
  • Inducing the victim to submit under the belief that the perpetrator is someone other than the accused through artifice, pretense, or concealment with the intent to deceive.
  • Accomplishing sexual intercourse against the victim’s will through threats of future retaliation, where there is a reasonable possibility of the perpetrator executing the threat.
  • Forcing sexual intercourse through threats of using the authority of a public official to incarcerate, arrest, or deport the victim, with the victim reasonably believing the perpetrator is a public official, even if the perpetrator is not a public official.

Key points from Penal Code Section 261.5

  • Unlawful sexual intercourse with a minor who is not more than three years older or three years younger than the perpetrator is considered a misdemeanor.
  • Unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator can result in either misdemeanor or felony charges, with potential imprisonment.
  • An adult over the age of 21 who engages in sexual intercourse with a minor under 16 may be subject to misdemeanor or felony charges, with significant penalties, including imprisonment.

Different Types of Rape Charges

When facing rape charges, it’s essential to recognize that various types of rape may lead to harsh penalties. These include:

  • Date Rape: Date rape deserves the same level of serious consideration as rape and necessitates a robust defense strategy.
  • Statutory Rape: Statutory rape involves sexual intercourse with anyone younger than 18, and penalties vary based on the age difference between the parties.
  • Spousal Rape: Forced sexual intercourse with a spouse can result in charges for both rape and domestic violence.

Penalties for Rape in Los Angeles

If convicted of rape in Los Angeles or elsewhere in California, you may face severe consequences, including:

  • Imprisonment for three, six, or eight years.
  • Additional imprisonment for three to five years if the rape results in great bodily injury.
  • Fines of up to $10,000.
  • A strike on your record, potentially leading to a 25-year-to-life prison sentence upon a third violent felony conviction.
  • In cases without force or violence, formal probation and up to one year in jail may be possible.

Contact Our Rape Defense Attorney Today

At the Law Offices of Arash Hashemi, we specialize in handling complex rape cases. If you require an initial consultation to discuss your case, please contact us by phone at (310) 448-1529 or through our online contact form. Our office is conveniently located in Los Angeles, with flexible hours and weekend appointments available. We are committed to protecting your rights and providing you with the best possible defense.

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