Orange County Rape Lawyer

How is Rape Defined in California?

If two people engage in sexual conduct in Orange County 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. In some cases, such as those involving minors who are legally unable to give consent, the act may be classified as statutory rape, regardless of whether force or coercion was used.

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

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.

What Should I Do if I Have Been Accused of Rape in California?

You may be caught completely off guard by a rape accusation. What you thought was a consensual sexual encounter may suddenly be presented by the other party as something entirely different in the days, weeks, or years after the fact. While you may be tempted to directly defend yourself and fight to establish the truth of what happened, doing so is generally not in your best interest. Any arguments fought in the public square are not likely to result in a favorable outcome, even if you know with total confidence that you are in the right. Even worse, anything you say is likely to be further distorted and used against you.

The bottom line: If someone accuses you of rape, exercise your right to remain silent and seek legal representation. Do not post on social media, do not talk to others about the accusations, and absolutely do not reach out to your accuser. If you are arrested, continue to stay silent and ask to speak to an attorney. Do not answer any questions or give any statements to the police without first getting legal advice. An Orange County rape lawyer can assess the circumstances and help you understand what to do next.

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.