California Penal Code (PC) section 261 PC
In California's rape is broadly defined as nonconsensual sexual intercourse accomplished by means of threats, force, or fraud. This kind of rape is a California sex crime in and of itself. As this definition shows, one can commit rape without apply brute force. For example, rape also includes a man having sexual intercourse with an unconscious or a drunk woman; or There are many other rape related penal code section charges that fall under the umbrella of the California rape law. Some of these are: •Penal Code 262 PC "Spousal Rape", • Date Rape, •Penal Code 261.5 PC "Statutory Rape", - (see below) Statutory Rape is defined as an adult, i.e., a person over 18 years of age, having sex with a minor irrespective if that minor consented, based on the theory that a minor, because of their age, is unable to knowingly and intelligently consent. •Penal Code 266c PC "Oral Copulation by Force", and •Penal Code 289 PC "Forcible Penetration with a Foreign Object." Contact the Lee Law Group for further explanation of these complicated laws, and for other rape related penal code sections that fall under the umbrella of the California rape law.
Penalties Penalties for rape in California includes three (3), six (6) or eight (8) years in California state prison.2 And if the alleged victim was a minor, the minimum sentence is seven (7) years...and the maximum is thirteen (13) years.
Possible Defenses Contact the Lee Law Group to fight your rape charge. As the facts allow, some possible defenses are, among other things, that: the accuser made up false accusations (a very common scenario in California rape cases) and or that you reasonably believe that the accuser consented to having sexual intercourse with you. Another possible defense may be that full sexual intercourse, (i.e., penetration), may not have taken place, which is required for rape in California. Other possible defenses are that the accuser has misidentified you and in fact, someone else rapped them, or there may be insufficient evidence to prove a rape charge against you.
California Penal Code (PC) section 261.5
Under California Penal Code 261.5 PC, a "statutory rape" takes place when any person engages in sexual intercourse with a person deemed a minor under the law, (under the age of eighteen 18 years old.) The crime of statutory rape is also commonly referred to as "unlawful sex with a minor". Statutory rape is a crime regardless of whether the sex was consensual...or even initiated by the minor (the supposed "victim" of the crime).
Penalties The offense of statutory may, depending on the circumstances, may be charged as either a misdemeanor or a felony. The age difference between the defendant and the minor is one of the major factors determining how the crime is tried. If the defendant is 21 or older and the minor is under the age of 16, the penalties are likely to be most severe...and can include up to four (4) years in California state prison.
Possible Defenses Contact the Lee Law Group to fight your statutory rape charge. As the facts allow, some possible defenses are that you honestly and reasonably believed the minor was over 18. Other possible defenses are that the accuser has misidentified you and in fact, someone else rapped them, or there may be insufficient evidence to prove a rape charge against you, and, or no actual sexual intercourse took place.