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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





Martinez Rape Lawyer

Accusations of rape can quickly turn your life upside down, both personally and professionally. You may face irreparable damage to your reputation, family, and career, especially if you are convicted. You could also be facing a lengthy prison sentence and hefty fines, as well as mandatory sex offender registration.

Fortunately, a Martinez rape lawyer could explain what defenses may be available to you. A dedicated criminal attorney could assist you in exploring these defenses and creating a strategy that is best suited for your case.

Rape Offenses in Martinez

Under California Penal Code § 261, rape is an act of sexual intercourse that involve a lack of consent and threats, violence, coercion, or fraud. This code section includes various situations that are indicative of lacking consent, such as physical or mental disability, unconsciousness, and impairment by alcohol or drugs. If the subjects of the alleged rape are otherwise unaware or not conscious of the fact that sexual intercourse has occurred, then he or she have not consented to the act.

Furthermore, this code section outlines some particular situations that constitute rape, including:

  • Doctors or other healthcare professionals who have sexual intercourse with others by creating a false impression that it has a professional purpose
  • Public officials who use their authority to threaten arrest, incarceration, or deportation if others do not engage in sexual intercourse

Individuals who commit acts of fraud or deception or who pretend to be someone else to carry out sexual intercourse also commit rape under this section. As these examples illustrate, factual circumstances have a significant effect on whether an act of sexual intercourse is considered rape. Proving consent can be difficult, so individuals may wish to consult a rape lawyer in Martinez for legal advice and representation.

Statutory Rape Under California Law

A separate rape offense is statutory rape, which occurs when adults who are over the age of 18 engage in sexual intercourse with minors and who are not their spouses. Cal. Pen. Code § 261.5 permits statutory rape offenses to be charged as misdemeanor or felony offenses, depending on the respective ages of the parties involved.

For instance, if the ages of the accused persons and the alleged victims are within three years of one another, then the charge is a misdemeanor. However, if there is an age difference between the parties of more than three years, or if the adult is over 21-years-old and the child is under 16, the offense may be either a misdemeanor or a felony.

Penalties for Unconsensual Sex

Rape is a felony offense under state law that can result in up to eight years in prison, high fines, and required sex offender registration for life. Individuals can face a lengthier prison sentence, up to 13 years, if he or she caused significant bodily injury to others in the course of committing a rape. A rape conviction also counts as a “strike” under the state “three strikes” law, which can result in far lengthier prison sentences for those with previous “strike” offenses already on his or her record.

Statutory rape has less harsh consequences, which vary depending on whether it is a misdemeanor or felony charge. A felony statutory rape charge can result in up to four years in prison, whereas a misdemeanor conviction can cause a maximum one-year jail sentence. Individuals can also face civil penalties for a statutory rape conviction that range from $2,000 to $25,000.

Due to the severity of these penalties, it is important to speak with a rape attorney in Martinez.

Speak with a Martinez Rape Attorney Right Away

Being accused of engaging in unconsensual intercourse can highly stressful and overwhelming. Getting the help of a Martinez rape lawyer is likely to be beneficial to you.

Rape cases can be complicated and require the skills that only experienced criminal defense attorneys could provide. With a strong legal advocate on your side, you may experience a favorable outcome to your charges. Call us today.

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