Rape, in California, is a felony sex offense that is defined as an act of sexual intercourse (no matter how slight the penetration) done with a person without that person’s consent or against that person’s will. Although it is commonly believed that only men can rape women, both sexes are capable of committing this offense. It should be noted that if the alleged victim is the spouse of the accused, it will be considered spousal rape and if the alleged victim is a minor, it will be considered statutory rape – both are separate crimes in and of themselves. Rape (and even attempted rape) carries serious penalties, including three, six or eight years in state prison, professional license restrictions and a requirement that a convicted individual register as a sex offender. In order to best avoid these life-changing penalties, it is vital for the accused to immediately contact a sex crime defense attorney in order to begin building the most comprehensive defense. The unparalleled criminal defense lawyers at The Kavinoky Law Firm pride themselves on their exceptional legal advice, as they specialize in sex crime defense and have mastered this complex and unique area of the law.
With respect to consent, rape may be charged under a variety of circumstances. It may be charged if the alleged victim was unable to give legal consent due to a mental or physical disorder, because he or she was intoxicated or because he or she was unconscious. In order for the accused to be convicted under any of these scenarios, the accused would have to have been aware of the victim’s condition.
Consent, with respect to rape, means positive cooperation in act or attitude, resulting from an act of free will. If consent is the key issue, it will not be assumed simply because the accused and the alleged victim are or were dating (even if involved in a sexual relationship) or were previously married. In addition, consent will not be implied if the alleged victim asked, suggested or otherwise communicated that the accused should use a condom or some other type of birth control without some additional evidence of consent.
Rape can also be charged under several circumstances where it was accomplished against the alleged victim’s will. If the accused used force, violence or threats to engage the alleged victim in sex, rape will be charged. If the alleged victim consented, believing that the accused was his or her spouse (because the accused had induced him or her into believing so), rape will be charged. If the accused threatened to retaliate against the alleged victim or any other person (which means a threat to kidnap, falsely imprison, inflict serious bodily injury or kill), and there was a reasonable possibility that the accused could have executed the threat, rape will be charged. Finally, if the accused threatened to use the authority of a public official to incarcerate, arrest or deport the alleged victim or another, and the alleged victim reasonably believed (whether or not it was true) that the accused was a public official, rape will be charged.
In addition to consent, there are a variety of defenses that an experienced sex offense lawyer knows how to apply and effectively argue to help keep his client from being convicted. This is simply one of the reasons why it is so critical to hire an experienced criminal attorney who specializes in sex crime defense, as an inexperienced attorney or an attorney who isn’t well-versed in this field will not be able to provide the same level of service that is absolutely necessary when a client faces a rape charge and all of the consequences that coincide with a conviction. The outstanding attorneys at The Kavinoky Law Firm know what it takes to win and have the success record to prove it! They give 110% to every client and are dedicated to exceeding client expectations. Contact them today for a free consultation and for unsurpassed representation.
