Your Rape Defense Lawyers
Rape is one of the most serious crimes someone can be charged with. The punishment, penalties, and damage to your reputation can negatively alter the course of your life. The punishment for rape in California includes three (3), six (6) or eight (8) years in state prison.
At My Criminal Defense, our rape defense lawyers work diligently on behalf of individuals who have been accused of or arrested for rape. Whether you have been falsely accused, are innocent, or guilty, it is critical that you have an experiencedattorney to represent your legal rights and protect your freedom. At the MyCriminalDefense, our experience and in-depth understanding of the California sex crime laws allow us to provide an effective, vigorous defense.
What is Rape?
California Penal Code § 261 defines Rape as unlawful non-consensual sexual intercourse with a woman who is not the spouse of the accused person. There are several ways sexual intercourse has been deemed to be “nonconsensual”.
What must the prosecution prove to convict someone of Rape?
In order to be found guilty of Rape, the prosecution must prove beyond reasonable doubt:
1. That the defendant had sexual intercourse with another person.
2. That the defendant and other person were not married at the time of the sexual intercourse
3. And the other person did not consent to the sexual intercourse.
Different Kinds of Non-Consensual Sexual Intercourse
A person can be raped if the consent was procured by force, fear, menace, threats, duress or other kinds of physically violent behavior to the woman or to a third person.
A person can be raped by someone purported to use some kind of official authority to threaten arrest, prosecution, immigration consequences under California or other state law or under federal law. The woman must have reasonably believed that the defendant was a public official even if he was not.
A person can be raped if she was intoxicated by the defendant by the use of some kind of intoxicating substance , chemical or drug, including drugs which induce anesthesia. The theory behind these cases is that the victim was too physically disabled to give true lawful consent to the sexual intercourse. For instance, the use of date rape drugs such as Ketamine and Ecstasy are commonly used to overcome the victim’s will to refuse to engage in sexual intercourse.
A person who is unconscious can be raped if the defendant reasonably should have known that the person was unconscious at the time of the sexual intercourse.
A person who has physical or mental disabilities that prevented her from lawfully giving consent to the sexual intercourse can be raped. The defendant knew or should have known of the person’s disability.
A person can be raped if the defendant tricked her into believing that she and the defendant were lawfully married at the time of the sexual intercourse.
Defenses to Rape Charges
Generally speaking, defenses to rape crimes are based on the type of rape being alleged. A defense to rape by violence would be defended by showing that there was no violence, drugs or official authority used to procure the consent of the woman to have sexual intercourse with the defendant.
My Criminal Defense attorneys are veteran experienced attorneys who have defended many rape and sex crime cases.
Our attorneys hire professional investigators to obtain sworn statements to rebut the alleged victim woman’s allegations that she was unconscious, drugged, that the defendant knew of her disability, and that the defendant did not use any deception regarding the fact that he was married to the woman at the time of the sexual intercourse, that the public official did not use his position to threaten any adverse official action against the woman to get her consent to sexual intercourse, that the woman did not exhibit any resistance or show of non consent to the sexual intercourse, that other witnesses have given sworn statements to the woman’s behavior of consent.
Our attorneys also employ experts in the field of mental health to conduct confidential psychological evaluations of our clients to show an absence of abnormal sexual behavior. We also employ the services of expert polygraph examiners to conduct confidential polygraphy examinations which show the defendant did not believe the victim had not given her consent or to some other theory of the rape offense.
At My Criminal Defense, experienced criminal defense attorneys assemble teams of experienced professional investigators and experts to obtain evidence that will persuade the prosecutor that there is a reasonable doubt about the accused person’s guilt. Remember, a prosecutor has a sworn duty not to file criminal charges if he or she believes that a reasonable doubt exists as to the accused person’s guilt of the charge.
My Criminal Defense teams work tirelessly around the clock to obtain evidence of reasonable doubt. That is why My Criminal Defense lawyers are so successful at convincing prosecutors to reject criminal charges against our clients. In some cases, we do not have an opportunity to conduct these extremely important witness interviews until after a client is charged. However, when we do have an opportunity to conduct this professional investigation before the District Attorney files charges of rape , we would can prevail early and keep your record clear of any charges. That’s why it is so important not to delay your search for an experienced and reputable criminal defense attorney who is willing to put in the work before the District Attorney has made a charging decision.
Sample Pre-Arraignment Defense
A 26 year old landscape architect hired My Criminal Defense attorneys to persuade the District Attorney to reject charges against him. Our attorneys immediately deployed professional investigators to obtain the sworn statement of four key witnesses at a party where the defendant was alleged to have raped the alleged victim. One witness was actually lying in the bed after he was not feeling well. He gave a sworn statement that the victim actually was the aggressor in the sexual intercourse. The other witnesses were people at the party (many of whom were the alleged victim’s friends) and they gave sworn statements that the victim was acting very sexually aggressive toward our client just before the alleged act of rape. The sworn statements were presented to the DA who had their own investigators conduct interviews of these same witnesses. The DA decided that the evidence of innocence massively outweighed the alleged victim’s allegations of rape and the DA therefore decided to reject our client’s case.
Please do not delay in contacting My Criminal Defense Attorneys today. Call us to arrange a free confidential consultation with an experienced veteran criminal defense attorney! Do not delay! Your life and reputation and freedom is at stake with such serious rape charges. The MyCriminalDefense Team will protect you for unjust rape accusations and make sure that you are not falsely accused and prosecuted. Again, call us to arrange a free confidential legal consultation, today!