Los Angeles Rape Defense Attorneys

What is Considered Rape?

Rape is the act of using violence, threats, fear, and/or force to have sexual intercourse with an unwilling participant. Sexual intercourse with an intoxicated, unconscious, or asleep individual also counts as rape.

In California, rape and other sexual offenses are defined under the California Penal Code. Common rape offenses in California include:

• Rape: This includes engaging in sexual intercourse with another person without their consent. It encompasses various forms of sexual penetration, including vaginal, anal, or oral intercourse.
• Statutory Rape: This offense involves engaging in sexual intercourse with a minor who is below the age of consent, even if the minor appears to consent to the act. In California, the age of consent is 18 years old.
• Spousal Rape: Contrary to outdated beliefs, marital status does not negate the requirement for consent. Spousal rape involves engaging in sexual intercourse with one’s spouse without their consent.
• Aggravated Sexual Assault: This refers to instances where rape is committed under aggravated circumstances, such as through the use of force, violence, threats, or when the victim is incapacitated or unable to give consent due to intoxication or unconsciousness.
• Sexual Assault by Fraud: This offense involves engaging in sexual intercourse with someone by fraud or deceit. For example, pretending to be someone else or lying about one’s intentions to obtain consent for sexual activity can constitute sexual assault by fraud.
• Sexual Battery: While not specifically rape, sexual battery involves the unlawful touching of intimate body parts for sexual arousal, gratification, or abuse. It differs from rape in that it does not necessarily involve penetration.
• Forcible Rape: This offense involves engaging in sexual intercourse with another person through the use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
• Rape by Use of Drugs: This offense occurs when sexual intercourse is achieved with another person who is unable to consent due to being under the influence of drugs, alcohol, or other intoxicating substances.
• Rape of an Unconscious Person: This offense involves engaging in sexual intercourse with a person who is unconscious of the nature of the act, such as when the victim is asleep, unconscious, or otherwise unable to understand the situation.
• Rape by Threat of Harm: This offense involves engaging in sexual intercourse with another person by threatening to cause bodily harm, injury, or other forms of harm if they do not comply with the sexual act.
• Forcible Rape While Acting in Concert: This offense occurs when multiple individuals act together to commit forcible rape. Each participant may be held liable for the rape, even if they did not personally commit the act of penetration.

California’s Rape Penalties

Under Penal Code 261 a rape conviction in California is classified as a felony. Penalties can include probation, three to eight years in prison (with the possibility of additional time if the victim suffered severe injuries), a fine of up to $10,000, registration as a sex offender, and a potential “strike” under California’s Three Strikes Law.

Defense Strategies Against Rape Charges

Rape is a convoluted and controversial subject. Though some situations present a clear victim and perpetrator, other cases are messier. Consent may have been implied but not explicitly stated; in other situations, a completely innocent person may be wrongly accused. Sometimes simply being in the wrong place at the wrong time results in an arrest.

A Los Angeles rape defense lawyer at Lessem, Newstat & Tooson, LLP will look at the specifics of your case and come up with the defense that best protects you based on the available facts and evidence. Fortunately, there are many potential defense tactics that can weaken the other side’s case against you. Fighting back with an attorney by your side can result in a more favorable plea bargain, acquittal, or even the case being dropped entirely.

Possible defenses for a rape charge include:

• Consent: This defense may work in cases in which the accuser initially consented, then later changed their mind internally but didn’t voice their lack of consent.
• False accusation: Because someone can accuse you of rape without evidence, it may be possible to reveal that this accusation was entirely false from the beginning.
• Insufficient evidence: If no medical or physical evidence is available to corroborate the rape, there is no way to definitively prove your guilt.
• Mistaken identity: If you don’t know the accuser personally, mistaken identity often succeeds as a defense, especially if there is no physical evidence tying you to the crime.

If the evidence is strong and stacked against you, there are still ways an attorney can help reduce your sentence. We may be able to keep you from having to register as a sex offender, for instance. This depends on the facts of your specific case, but the bottom line is that having an experienced rape defense attorney with a thorough understanding of California law and a relationship with local judges and prosecutors will ensure you receive the best possible outcome for your situation.

How Lessem, Newstat & Tooson, LLP Can Help You Fight Back

A strong legal defense is vital in any criminal case, especially when it comes to a topic as serious as rape. The sooner an attorney becomes involved in your case, the better they will be able to protect you and start coming up with a defense on your behalf. With our track record of success and decades of combined legal experience, we believe that we are the best choice for criminal defense in the Los Angeles area.

Contact us today to learn more about your legal options.