Top Cupertino, CA Rape Lawyers Near You

What Is the Definition of Rape?

Rape can involve any gender of the victim and perpetrator and includes sexual intercourse or sexual penetration by an object. Rape does not require physical resistance and can be committed through lack of legal capacity, or mental or physical incapacity.

What Are Different Types of Rape?

• Sexual Assault Rape: Rape through physical force is what comes to mind when most people hear the term. Sexual penetration when the victim is resisting is rape because the victim does not give consent to the sexual contact.
• Statutory Rape: Statutory rape involves sexual activity with someone under the legal age of consent. The age of consent varies by state and is generally between age 16 and age 18. Verbal consent is not a defense because a minor cannot legally give consent to have sex.
• Date Rape: Date rape may involve a situation where the defendant and victim know each other or even have an existing romantic relationship. Just because someone is in a relationship or has a romantic interest does not automatically give consent to having sex. Date rape may also involve the use of alcohol or drugs that temporarily renders the victim unable to give consent.
• Marital Rape: Spousal rape or marital rape is sexual intercourse with a spouse without consent. Historically, this was not considered a type of rape.

Can You Be Charged If No Force Was Used?

Sexual assault charges do not need to involve force. Even if no force was used, a defendant can be convicted of rape because of deception or lack of consent. Statutory rape is considered a type of sexual assault because the underage minor is not old enough to give legal consent, even if they appeared to be willing to engage in sex. Date rape can be committed by giving someone drugs or having sex with someone who is too drunk to be able to consent. In some cases, rape can be committed by deception, to pressure someone to engage in sexual activities.

What Are the Penalties for Rape?

Rape is generally considered a felony. For felony sex offenses, the criminal penalties can include more than a year of jail time and fines. A criminal conviction may also result in victim restitution, a protection order against contacting the victim, and possible deportation for a non-citizen. Aggravating factors may increase the penalties. Aggravated rape factors may include the victim suffering serious bodily injury, serial rape charges, or rape of a child. A rape conviction may also require mandatory sex offender registration.

What Happens When You Register as a Sex Offender?

Rape is a registerable sex crime that may require lifetime sex offender registration. A sex offender is required to register with law enforcement upon release and has to re-register annually, or if they move. Sex offenders may be restricted in where they can live or where they can work. Failing to register as a sex offender is a criminal offense.

The state sex offender registry is available to the public, anyone can search for sex offenders online based on their name or location. The registry also has identifying information, including the offender’s name, photograph, and physical description.

How Do I Fight a Rape Charge in California?

Alleged rape accusations can do serious harm to your reputation. When faced with the severe penalties of a rape conviction, some defendants plead guilty instead of trying to fight the rape charges. Potential defenses available to a criminal charge of rape include, the victim consented to have sex, there was no sexual penetration, mistaken identity, or the alleged victim made false accusations to harm the defendant. Talk to a rape defense attorney about other defenses to rape charges.

Consent is generally a defense to rape charges, as long as the alleged victim was able to give consent. Consent is not a defense in statutory rape charges or where the victim could not give consent because of the effects of drugs or alcohol, or because of a mental disability. Consent can also be withdrawn at any time. If two people started engaging in consensual sex but one person wanted to stop, continued penetration may be considered rape.

What Should I Do If I’m Being Charged With Rape?

The punishment for rape can be severe. If you are facing rape accusations, you have to take those rape allegations seriously. A criminal defense attorney can review your case and build a strong defense strategy. Even if there appears to be a lot of evidence against you, a sex crimes defense lawyer can negotiate a plea deal with the prosecutor. A plea agreement can help you avoid the most serious charges, reduce the criminal sentence, and help you avoid a long prison sentence. Contact a criminal defense lawyer to find out what experienced attorneys can do in your case.