Rape and Statutory Rape in San Diego
California imposes stringent laws and penalties for rape. Rape is a serious offense that one shouldn’t take lightly. It is recommended that you seek the help of a local and private San Diego criminal defense attorney who has experience and well versed in defending charges like yours. Rape(CA Penal Code 261 PC) Penal Code 261 PC is a California criminal law statute that defines rape broadly as non-consensual sexual intercourse that is performed through threats, fraud or force. Such activity is considered a sex crime that carries heavy penalties for the convicted.
Rape is committed in many ways besides through physical force. Other situations that lead to rape include:
-Taking advantage of a woman who passed out from drunkenness
-Deception and lies that compel the victim into performing sexual intercourse
-Compromising situations that sex is offered as compensation
-Oral copulation by force
-Forcible penetration using foreign objects
Sexual Assault (Penal Code 243.4 PC)”
Sexual Assault refers to touching of someone without their consent. The charges of sexual assault can be a misdemeanor or felony which carries up to 4 years in prison and/or up to $10,000 in fines. You are also required to be registered as a sex offender.
Sexual Assault and Rape Penalties
California Penal Code 262 covers these aspects of rape to protect the innocent with harsh punishments and penalties that would leave a strong social and emotional stigma of the convict to prevent re-occurrence as the same intensity of shame and guilt piles on the victim.
The types of punishment for rape involve jail time of three, six or eight years in a state prison. However, a minor offender would be subject to a jail sentence between seven and (13) thirteen years.
Extensive Damage When Wrongfully Accused
Rape is one of the crimes which many innocent victims are highly misunderstood and wrongly accused. Rape victims usually bear the brunt of the crime emotionally and physically even if they are vindicated in court with compensation.
On the other hand, the rape defendant may not be guilty of the charge as there are circumstances which can confront the charges. These include:
-False accusations of rape by a rape victim
-Misunderstanding that it was consensual intercourse
-Mistaken identity of the rapist
Get In Touch With a Law Offices of Thomas P. Matthews Today for Free Consultation
The Law Offices of Thomas P. Matthews has over 25 years of experience in handling rape cases in California from both parties to assist in securing a satisfactory outcome.