Rape

Actual Case #1

In People v. Mainor E. - Case No. VA103961, my client was accused of the very serious sex crime of rape of an ex-girlfriend of his. He was facing many years in State Prison along with mandatory sex registration for life. The Detective Investigating this case was a real piece of work; a real class A asshole. The "victim" walked into a Sheriff's Station and made allegations that my client drugged her and then had his way with her. When she woke up, she claims he made incriminating statements about raping her after he drugged her. At least that's what she told the police. So my client receives a phone call from the Detective to voluntarily go to the Sheriff's Station to discuss an incident involving my client. My client, not being street wise whatsoever, decides to drive over to the Sheriff's station for the tape recorded interview. The interview was conducted in Spanish. After about 3 hours of denying that he ever drugged or raped his ex-girlfriend my client "conceded" that it happened. The Detective asked no more questions and terminated the interview just before he slapped handcuffs on my client and had bail set at $100.000. I had the taped interview translated and transcribed (at L.A. County expense of $2,000.00) and I turned over a copy to the prosecutor who was sharp and ethical enough to see that this was NOT a "voluntary confession" like the Detective claimed in his report. Outcome: Case dismissed.  

THE LAW

What Is Rape?

Section 261 of the California Penal Code defines the crime of "rape" as generally applying to all undesired, non-consensual sexual intercourse imposed upon another person. The means of imposition may have been force, threats, or fraud (impersonation).

However, many sex acts forced on someone against his/her will are classed as "sexual assault" or "sexual abuse." There is a great diversity in the particular acts that may be classed under such headings, but all of these allegations are extremely serious. No one accused of rape or other sex-related crimes should be without a top criminal defense lawyer.

"Date rape" is not a legal term, but it is very common. It involves forcing sexual activities on another person with whom you are acquainted while attending some form of social event.

While most rape requires the element of non-consent, "statutory rape" does not. It is enough that the person engaged in sex acts with a person below the legally established "age of consent."

What Must the Prosecution Prove?

Some accusations of rape are either entirely false or actually fall under different classifications in the California Penal Code. To prove a defendant guilty of rape, the following facts must be established:

• The defendant did, in fact, engage in sexual intercourse with the victim.
• The victim was someone other than the defendant's spouse at the time. "Spousal rape" is a distinct offense.
• There was a lack of consent. To legally "consent," the victim must have been aware of the nature of the sexual act and then freely, without coercion, agreed to engage in it.
• If the victim initially consented, such consent was later withdrawn, and yet, the defendant forcibly continued the sexual intercourse anyway.

Withdrawal of consent was clearly communicated with words or actions that anyone could have been reasonably expected to understand.

• The defendant used force, threats of immediate bodily injury, fraud, or duress to engage in intercourse with the victim. Defenses Against Rape Allegations

Charging someone with rape does not prove that a rape occurred. Even in the case of heinous, violent crimes, the defendant is innocent until proven guilty. There are many who are falsely accused of committing rape, and a good defense attorney can help to defend their rights. Some of the most commonly used defense strategies against rape allegations are as follows:

• The alleged victim consented to participate in sexual intercourse with the defendant.
• Though the plaintiff claims to have had a change of desire in the middle of the intercourse, that withdrawal of consent was not communicated clearly in a way the defendant could reasonably be expected to recognize.
• Though the plaintiff did not give consent, the defendant had a reasonable basis for believing that there was consent. The actions or words of the plaintiff gave an impression of consent.
• The accusation is simply false, totally fabricated. Many times, charges of rape are falsely leveled out of a desire for revenge or from some other selfish motive.

A good criminal defense lawyer will know how to find the weaknesses in the case brought against you and to expose false claims of rape. As the punishments for rape are extremely high-stakes, you cannot afford to go to court without the best representation possible.

Possible Punishments for the Crime of Rape

Rape is a felony charge, and conviction carries the following possible sentences:

• Probation and up to a full year in the county jail
• Three to eight years in state prison, but seven to 11 years if the rape victim was under the age of 18 and nine to 13 years if the victim was under 14 years of age
• If severe bodily injury was inflicted on the victim: three to five additional years in state prison, fines of as much as $10,000, a "strike" on the defendant's record in pursuance of the "Three Strikes" law
• Registration on the California sex offender database, in accordance with penal code section 290, a further felony resulting from failure to so register 

Lesser Included Offenses

Lesser included offenses that can enhance sentencing for a rape conviction include the following:

• Assault (penal code section 240): In California, "assault" is the attempt to harm another by unlawfully applying force, whether directly or by means of an instrument. It is also necessary that the would-be attacker had the ability to carry out the intended act of violence. Even an attempted rape involves assault.
• Battery (PC 242): If physical contact of any kind was made, then "battery" was also committed in addition to assault. Battery can be any kind of offensive or injurious application of force to another against his/her will.
• Assault with intent to commit rape (PC 220): When assault is committed for the specific purpose of carrying out a rape, California gives it a special classification.
• Attempted rape (PC 663 & 261): "Attempted rape" is also addressed distinctly in the penal code. Anyone committing rape would have had to intend to do so, thus it is an included offense. A failed rape attempt is still punishable as well.
• Attempted spousal rape (PC 663 & 261): While handled under the same sections of the penal code, there is specific wording that deals with the rape of one's spouse.

Contact Us Today for Assistance

If you have been accused of committing rape or other sex crimes like lewd conduct, indecent exposure, prostitution, sexual assault, and sexual battery in the Los Angeles area, we have the resources to defend you. The Law Offices of Jeff Voll offer a top team of attorneys, many of them former prosecutors, who know how to defeat the allegations of the prosecution. Legal niche experts, researchers, investigators, and more also boost the effectiveness of our defense efforts. Contact us today at 323-467-6400, and we will put our knowledge and experience to work for you.