Defenses to Rape and Attempted Rape
Rape is defined in California as sexual intercourse with a person without his or her consent or that is against his or her will. Attempted rape will be charged when an individual specifically intends to rape another but doesn’t actually penetrate the other due to a variety of circumstances, the most typical situation being that the alleged victim resisted the accused individual’s efforts. Either charge will be prosecuted as a felony and carries severe penalties, which may include up to three, six or eight years in state prison, probation, community service or labor, medical treatment and a requirement to register as a sex offender, pursuant to California Penal Code 290.
Defenses to these charges exist and can be successfully argued by a California criminal defense lawyer who specializes in the unique and complex field of law that comprises sex offenses. The California sex crime defense lawyers at The Kavinoky Law Firm know exactly how to effectively convey these defenses to the judge and jury in ways that portray their clients in a favorable light. They critically analyze and investigate every piece of evidence that has been collected with respect to the charge, which includes the alleged victim’s complaint, any and all witness statements, all police reports and any DNA or other physical evidence. As a result of the diligence with which they review each and every case, their clients gain a powerful advantage, as the attorney will undoubtedly uncover weaknesses in the prosecution’s case, which can lead to a reduction of the charges or possibly an early dismissal of the case.
Some of the most common defenses that are applicable to California rape and attempted rape charges are consent, insufficient evidence, no witnesses, a lack of physical evidence or mistaken identity. With respect to consent, it should be noted that an existing or previous sexual relationship between the accused and the alleged victim will not automatically imply consent, nor will the alleged victim’s request that the accused use a condom or other birth control. Depending on the facts of the individual case, a seasoned criminal attorney will know which defenses will be the most likely to find favor with the judge and jury and will know how to apply them correctly. Once the lawyer has determined the most appropriate defenses to pursue, he or she will move to suppress any evidence that was obtained through an illegal search or seizure, that was collected during a prejudicial police line-up or that in any other way violated his or her client’s constitutional rights. He or she will further highlight any evidence that is helpful to the client (especially if it was ignored by the police or prosecutor), will point out any inconsistent statements made by the alleged victim, any witnesses or the police and will question the alleged victim’s credibility and criminal history in an effort to uncover any other sexual assault allegations or issues that could be relevant to his or her believability.
The skilled attorneys at The Kavinoky Law Firm will employ every resource to ensure that their clients receive the most vigorous, comprehensive defense possible. They are dedicated to protecting the rights of all their clients and will treat an accused sex offender with the compassion, respect and discretion. With law offices located in Los Angeles and throughout the state, they are easily accessible to those in need of a California sex crime defence attorney. For outstanding legal advice and the most trusted representation, contact the Kavinoky law firm today for a confidential, free consultation.
