Rape
Newport Beach Sex Crimes
Rape is the unlawful and non-consensual intercourse between two individuals. While there is a stereotype surrounding men’s ability to rape women, rape can also detail intercourse that a male did not consent to. Regardless, it is important to understand what rape is because many times individuals are accused falsely and get charged as sex offenders.
Some particular characteristics of rape are threats, physical harm, intoxication, and an individual’s conscious state. It is also important to note that rape knows no age and when interacting with minors there could be even stiffer penalties if you are charged with rape. Contact our Southern California sex crime attorney today, we will do everything possible to successfully defend you in court.
Types of Rape
While rape is defined in a particular manor, it is important to realize that there are definitions for different kinds of rape under the California Penal Code.
Rape includes:
- General Non-Spousal Rape (Section 261) - Sex with an individual who has not consented, or is being taken advantage of, and is not the perpetrator’s spouse.
- Statutory Rape (Section 261.5) – Statutory rape is defined as the unlawful sex between an adult and a minor. A minor is defined as any individual who is under the age of 18.
- Spousal Rape (Section 262) – Spousal rape is defined as sex between two spouses through force or intimidation.
Penalties Associated with Rape
Typically, rape comes with prison sentences and fines when convicted. In California, the typical prison sentence is anywhere from 3 – 8 years, but can be increased/decreased when the individual who was raped was of a certain age. When dealing with statutory cases involve a victim over the age of fourteen the typical prison sentence is 7 – 11 years, when the victim is under fourteen the prison sentence is increased to 9 – 13 years. Furthermore, when dealing with cases involving minors there is a fine ranging from $2,000 - $25,000.
In addition, penalties may increase if the individual was one of many who worked to rape a victim as a group. Regardless, of the situation the penalties for a rape conviction are extremely strict and you will need an attorney who is equally as strict when it comes to your defense. We can guide you through your entire rape criminal defense case through aggressive case strategies that keep your best interest in mind.
Contact our aggressive and knowledgeable criminal defense attorneys today.
