Rape and Statutory Rape

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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
  • Spousal rape
  • Date rape
  • Statutory rape
  • 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 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.

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