Los Angeles Criminal Defense

Los Angeles Criminal Defense Attorneys Defending the Accusation of Rape

Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, either:

(1) By force, violence, duress, menace, or fear of immediate and unlawful bodily injury;

(2) By threat to retaliate,

(3) By acting in concert,

(4) By threat to use the authority of a public official,

(5) With a minor,

(6) On a person incapable of giving consent, or

(7) By pretense of marriage.

Spousal rape is an act of sexual intercourse accomplished with the perpetrator's spouse against that person's will, either:

(1) By force, violence, duress, menace, or fear of immediate and unlawful bodily injury,

(2) By threat to retaliate,

(3) By acting in concert,

(4) By threat to use the authority of a public official, or

(5) On a person incapable of giving consent.

"Sexual intercourse" is any sexual penetration of the victim by the accused, however slight.

"Threatening to retaliate" means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death.

Los Angeles Criminal Defense Attorneys

Punishment

Rape and spousal rape when accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is punishable as a felony by imprisonment in the state prison for 3, 6, or 8 years.

If voluntarily acting in concert with another person and either personally commits or aids and abets the other person in committing rape or spousal rape the act is punishable by imprisonment in the state prison for 5, 7, or 9 years.

Registration as Sex Offender

A person convicted of forcible rape, rape in concert, or spousal rape is required to register as a sex offender with the local authorities.

Probation

A person convicted of a sex crime may be ineligible for probation in some circumstances. If the person is eligible, probation may be granted.

If probation is granted for spousal rape, the defendant also may be ordered, in lieu of a fine, to pay $1,000 to a battered women's shelter or to reimburse the victim for reasonable costs of counseling and other reasonable expenses directly resulting from the offense, or both.

Defense of Consent

Los Angeles Criminal Defense Attorneys know consent may be a defense to a sex offense alleged to have been committed against someone's will, because it may negate that element of the offense.

"Consent" is defined as positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily, and have knowledge of the nature of the act or transaction involved.

Los Angeles Criminal Defense Attorneys know determining whether or not the a reasonable, good-faith belief the person consented is for the jury to decide.

If you have been accused or charged with this crime, contact the Los Angeles Criminal Defense Attorneys with over 80 of combined experience to defend you.