Orange County Rape Attorney
Defending Against Rape Charges in California
In California, rape is a felony offense, which means a conviction could result in several years behind bars. If you have been accused of committing this crime, secure aggressive legal defense as soon as possible. Criminal penalties are not the only punishments you could face, as there are also various collateral consequences. For instance, after you have served your time, you may have difficulties getting a job, finding housing, or even qualifying for government benefits, making it challenging to readjust to society. Additionally, some rape convictions result in a sex offender registration requirement, which can ruin your reputation and severely limit where you can live and work.
Know that if you've been accused of rape, you do not have to face the criminal justice process alone. At The Law Office of Jacqueline Goodman, Attorney Jacqueline Goodman is here to provide the aggressive defense you need to fight charges. Backed by extensive legal experience, she is a skilled Orange County rape lawyer who knows what it takes to develop an effective defense strategy and identify weaknesses in the prosecutor's case. She will leverage her knowledge, skills, and resources to work toward a favorable outcome on your behalf.
When you are facing serious charges, you need a serious defense. For a free initial consultation, call (714) 266-3945 or contact the firm online to get started with our rape attorney in Orange County.
How is Rape Defined in California?
If two people engage in sexual conduct and one does not "freely and voluntarily" give their consent for the act, the other individual could be considered to have committed rape under California law. This legal definition means that the act of rape does not necessarily involve the use of physical force.
Specifically, California Penal Code 261 PC defines rape as sexual intercourse with someone other than a person’s spouse in which:
- The alleged victim could not give consent (because of a mental disorder or developmental disability)
- The alleged perpetrator used force, violence, duress, or threatened to cause serious bodily injury
- The alleged victim was intoxicated or under the influence of a controlled substance
- The alleged victim was unconscious during the act
- The alleged perpetrator used false pretenses to further the act
- The alleged perpetrator threatened retaliation against the alleged victim or another person
- The alleged perpetrator threatened incarceration, arrest, or deportation
Criminal cases are often complicated. There are two sides to every story, and it is important that the court sees the situation clearly. We can help defend you in your criminal case and make sure your perspective is heard.
HOW IS RAPE PENALIZED IN CALIFORNIA?
In California, allegations of rape are taken very seriously, and the prosecutor will work hard to land a conviction. If they prove beyond a reasonable doubt that the accused committed the offense, that individual could face serious consequences.
The penalties for a rape conviction include:
- 3, 6, or 8 years in prison
- 7, 9, or 11 years in prison if the alleged victim was 14 years of age or older
- 9, 11, or 13 years in prison if the alleged victim was under 14 years of age
- Mandatory registration as a sex offender for life
An Orange County rape attorney can help you avoid these and other consequences by mounting a compelling defense. Get in touch with The Law Office of Jacqueline Goodman as soon as you have been accused or learn you are under investigation for rape.
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Defenses Against Rape Charges
Common defenses in rape cases include the following:
- Consent: One of the most common defenses against rape allegations is proving that the sexual encounter was consensual. In many cases, the accused and the accuser may have differing perceptions of the events that transpired, leading to misunderstandings regarding consent. By presenting evidence that supports a consensual encounter—such as text messages, witness testimony, or prior history between the parties—this defense can help establish that no crime occurred.
- False Accusations: Unfortunately, false allegations can occur for various reasons, such as personal disputes, jealousy, or the influence of others. False accusations may also arise in cases involving divorce or child custody disputes. Uncovering inconsistencies in the accuser’s story or motivations for making the allegations can help build a strong defense that challenges the claim's credibility. We work meticulously to investigate and expose any false information that could influence the case.
- Lack of Evidence: Rape cases often lack direct physical evidence, relying primarily on testimony from the accuser and the accused. When physical evidence is weak or inconsistent, we highlight these gaps in the prosecution’s case. Forensic analysis, expert testimony, and a review of evidence collection methods can reveal flaws that weaken the prosecution’s argument.
- Mistaken Identity: In some situations, the accuser may have misidentified the person they believe assaulted them. This is particularly relevant in cases where the alleged incident occurred under low visibility or where the accuser was under the influence. DNA testing, alibi witnesses, and other forensic evidence can be invaluable in establishing that the defendant was not involved in the alleged incident.
- Mental Incapacity or Intoxication: In some cases, the accused may have been under the influence of alcohol or drugs, leading to impaired memory or misinterpretation of the events. By examining any relevant substances or conditions that might have impacted judgment or perception, this defense can sometimes cast doubt on the accusations or clarify misunderstandings surrounding the incident.
- Violation of Legal Rights: In any criminal case, law enforcement must adhere to strict procedures regarding evidence collection, arrests, and interrogations. If your legal rights were violated at any point in the process, such as during an unlawful search or a coerced confession, any evidence obtained unlawfully may be inadmissible in court.
Contact Our Rape Attorney in Orange County Today
If you have been accused of rape, Attorney Jacqueline Goodman is ready to take the time to listen to your side of the story. Upon learning the facts of the case, she will begin developing a legal strategy tailored to your unique circumstances.
When you need personalized legal representation, turn to The Law Office of Jacqueline Goodman. Fill out an online contact form or call (714) 266-3945 to get started with our Orange County rape lawyer.
REAL PEOPLE. REAL RESULTS.
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CASE DISMISSEDCASE DISMISSED
CHILD ENDANGERMENT / CRUELTY
Penal Code 273a(b) Child endangerment/cruelty.
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CASE DISMISSEDCASE DISMISSED
CHILD MOLESTATION
Child molestation: Felony.
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CASE DISMISSEDCASE DISMISSED
PROBATION VIOLATION
PC 1203.2 Committing a new crime or violating any term or condition of probation.
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CASE DISMISSEDCASE DISMISSED
ATTEMPTED MURDER OF POLICE OFFICER
Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.
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CASE DISMISSEDCASE DISMISSED
CONTEMPT OF COURT ORDER
Contempt of court order by a gang member.
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CASE DISMISSEDCASE DISMISSED
CHILD SEX ABUSE CASE
Child Sex Abuse case dismissed.
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