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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





Oakland Date Rape Lawyer

There is no distinction in California law between where a rape happens, whether it is in the course the date or between two strangers. Rape is defined as nonconsensual sexual intercourse accomplished either by means of force, fraud, threats, or if the alleged victim is unconscious and/or incapable of consenting.

If you are facing allegations of date rape, you could face serious penalties and long-term consequences. Rape charges are considered especially serious, both legally and socially, and prosecutors will work tirelessly to secure a conviction. For this reason, anyone accused of rape could benefit from the services of an Oakland date rape lawyer. An aggressive defense attorney could scrutinize the facts of your case and help you craft a solid defense. Call today to schedule a case review.

Elements of a Rape Charge

There are no specific elements of date rape allegations that are different from other rape case allegations. All rape cases contain the same allegations, meaning the prosecution has to prove: 1), that there was sexual intercourse; and 2), that the intercourse was nonconsensual, meaning it happened as a result of threats, use of force or fraud by tricking somebody, or the alleged victim was unconscious or incapable of consenting to the sex.

Those elements are present in every rape case. There is no distinction in the penal code in California between date rape and rape between two strangers who might not know each other. Date rape is common law terminology that is not distinguished in the California penal code.

Evidence in Date Rape Cases

The biggest difficulty is that in most cases of date rape there are no eyewitnesses aside from the accused and the accuser. In many instances, the alleged crime is not reported right away, so there may not be evidence to help the accused person. The passage of time makes it difficult because evidence may not have been preserved.

The lack of eyewitnesses also makes defending rape cases difficult. It often becomes a question of credibility, specifically the alleged victim versus the defendant. There may be reasons why the defendant should not or could not testify, which creates another problem for somebody charged with rape. If the jury only hears the alleged victim, the accused may very well be convicted on one person’s testimony unless a skilled Oakland date rape lawyer is able to show where the holes exist in the Government’s case.

Potential Penalties

The potential penalties following a date rate conviction could be a sentence of three, six, or eight years in state prison. If the person is convicted after a trial or with a plea bargain, they have to go state prison. They may not be placed on probation.

If the alleged victim of the rape was a minor, the penalties are significantly higher. The minimum sentence would be seven years, versus the three-year minimum sentence if the alleged victim was not a minor. The maximum could be 13 years.

Contact an Oakland Date Rape Attorney for Help With Your Case

If you are facing allegations of date rape, you should not hesitate to contact an experienced criminal defense attorney. These charges are serious, and a conviction could lead to years in state prison. Thankfully, with an Oakland date rape lawyer by your side, you could have skilled advocacy in and out of court. Reach out to a lawyer today to schedule a consultation.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer