Undoubtedly, one of the most grave and life-altering criminal offenses you could face under the Penal Code is rape. Facing rape accusations can be an overwhelming and stressful time, but you do not have to do it alone. Considering the seriousness of this offense and the possible legal and social repercussions of the charge, having a skilled and reputable criminal defense attorney in your corner is advisable.
The legal assistance of an aggressive criminal defense attorney can mean the difference between a conviction and a dismissal of the charge. In addition to helping prepare legal defenses to challenge the allegations you are facing, your attorney will be your legal counsel in every stage of the process.
If you or someone you care about is under investigation or arrested as a suspect in a rape case in Palm Desert, our credible criminal defense attorneys at Desert Defense Lawyers would be glad to help.
A Look at What Rape Means Under Penal Code (PC) 261
You commit the crime of rape under PC 261 when you engage in non-consensual sex with someone else who is not your spouse, using force, violence, duress, or threats. Also commonly referred to as sexual assault, rape is a felony offense that can result in harsh penalties after conviction, including inclusion in the sex offender registry.
Although many perceive rape as an act involving force and the victims as women, that is not true. Any person, including men, can be a victim of rape cases, meaning they are the complainant. It is worth noting that the prosecutor could file rape charges against you if the victim or complainant is mentally disabled.
A mentally disabled person is incapable of consent, making it unlawful to engage in non-consensual sex with him/her. In a nutshell, here are the acts that qualify as rape under PC 261:
- Having sexual intercourse with a mentally disabled person because he/she has agreed to the act
- Threatening a lady that you will kill her parent if she refuses to engage in sexual intercourse with you
- Threatening to injure a man severely when he/she refuses to have sex with you
- Having sex with another person after drugging him/her without his/her knowledge
How the Bail Process Works After an Arrest for an Alleged PC 261 Violation
Considering the seriousness of a rape offense, chances are the court will require you to post bail to remain out of legal custody as your case continues. Bail is the monetary amount that you pay to the court clerk after an arrest to secure your release from jail pending the outcome of your case.
In addition to the seriousness of your offense, the court will consider the following factors when determining your eligibility for bail:
- Whether you are a flight risk
- Your criminal background
- Whether you have a record of missing court dates after posting bail
- Your attorney's mitigating arguments
It is worth noting that, like any other defendant, you have certain rights during the bail hearing. For example, you have a right to:
- Reasonable bail amount
- Hire an attorney for legal representation
- Request a reduction of your bail price
- Challenge an excessive bail amount
- Have your bail amount if the circumstances of your case have changed
After the court sets your offense bail amount, you can post it using cash, a property bond, or a bail bond. Since rape is a felony offense, the bail amount the court will set could be a financial burden for you and your family or friends. However, that does not mean remaining in legal custody while awaiting the verdict in your case is an option.
In that case, a reliable attorney will recommend working with a bail bondsman to secure your freedom on bond. A seasoned attorney will likely know a licensed bail bondsman who can offer you quick bail bond services in exchange for a certain affordable premium (10% of your bail). Additionally, your attorney can help convince the judge to set terms and conditions for your release on bond.
What the Prosecution Team Will Prove at Trial to Secure a PC 261 Violation Conviction Against You
At the trial stage of the prosecution process, the prosecutor will bear the legal burden to prove specific facts at trial to secure a rape conviction against you. Some of the facts or elements of the crime that the prosecution team must prove to secure a PC 261 violation conviction against you include the following:
The Victim Did Not Consent to the Sexual Act
The cornerstone element of a sex crime that the prosecutor must prove to secure a conviction against you is the lack of consent. According to PC 261, consent is the voluntary agreement that a person gives you to engage in sexual intercourse with him/her. Additionally, consent must be affirmative, meaning the other person must permit you to engage in sexual intercourse with him/her willingly.
The judge will consider the circumstances of the case to determine whether you had consent to engage in sexual intercourse with the person. If the other person (victim) did not consent to the act or was incapable of consent due to his/her mental incapacity, intoxication, or age, engaging in sexual intercourse with him/her will qualify as rape.
You Used Fear, Coercion, Threats, or Force to engage in Sexual Intercourse with the Person
If you used force, threats, or coercion to convince the other person to engage in sexual intercourse with you, that will qualify as rape under PC 261. Force involves any violence or physical strength you employ against the alleged victim to overcome his/her resistance to sexual intercourse.
On the other hand, fear means you instill a sensible fear of possible immediate harm to the alleged victim or his/her loved ones, making him/her engage in non-consensual sexual intercourse with you.
You engaged in Sexual intercourse with the Alleged Victim
Finally, for a PC 261 violation conviction, the prosecutor must have clear evidence that you engaged in sexual intercourse with the alleged victim. Even a slight penetration of the other person's sexual parts (vagina or anus) will count as sexual intercourse under PC 261.
How a Rape Offense Differs From Sexual Assault
While the terms “sexual assault” and “rape” are often used synonymously, they have different legal meanings. Rape involves non-consensual sexual intercourse with another person, but sexual assault encompasses a wider array of non-consensual acts against another person.
For example, sexual assault could encompass fondling, groping, unwanted sexual touching, or any other act that you commit against another person against his/her will. Hence, the element of penetration is not necessary for the prosecution team to secure a sexual assault conviction against you. Here are examples of acts that may qualify as sexual assault and rape, respectively:
- Lydia forcibly kisses Nick and touches his penis against his will. In this case, the prosecutor will likely file sexual assault charges against Lydia
- Mark forcibly engages in non-consensual sexual intercourse with Bianca despite her resistance to the act. In this case, the prosecution team will file rape charges against Mark
Evidence the Prosecutor Could Present at Trial to Secure a PC 261 Violation Conviction Against You
As mentioned in the previous paragraph, to secure a PC 261 violation conviction against you, the prosecutor must provide sufficient evidence to prove that sexual intercourse occurred and it was non-consensual. Common forms of evidence that could apply against you include the following:
- Eyewitness testimonies — The victim's testimony plays a crucial role in a rape charge prosecution. Testimony from a third party who heard, saw, or has anything relevant to your case could help support the allegations you are up against.
- Physical evidence — Physical evidence, like clothing, medical examinations, DNA, and body fluids, can help place you at the crime scene, increasing your chances of a PC 261 violation conviction
- Documented coercion or threats — Recorded calls, messages, and written threats documenting the manipulation or intimidation can help the prosecutor prove the element of coercion or threats to secure a PC 261 violation conviction against you
- Surveillance videos — If the prosecutor has video surveillance of the crime scene, he/she can use it to support his/her arguments and secure a rape charge conviction against you
Potential Penalties for a PC 261 Violation Conviction
After a PC 261 violation conviction, your case will proceed to the sentencing phase of the criminal court process, where the judge will determine the appropriate penalty for your offense. Generally speaking, rape is a felony offense that carries the following penalties following a conviction if the victim is over eighteen years old:
- Three, six, or eight years of jail time
- Sex offender registration duties for up to twenty years or up to life, depending on the facts of your unique case
If the victim is thirteen years old or younger, your sentence could include:
- Nine, eleven, or thirteen years of jail time
- Lifetime sex offender registration duties
However, if the victim was aged between fourteen and seventeen years at the time of the offense, your sentence upon a PC 261 violation conviction could include:
- Seven, nine, or eleven years of imprisonment
- Lifetime sex offender registration duties
It is also worth noting that certain aggravating factors may increase the above penalties following a conviction for PC 261 violation. Some of these factors include the following:
- Prior criminal record — If you have a prior felony record for the same or related offenses, a subsequent conviction will attract harsher penalties under the Three Strikes Law
- You caused an injury to the victim — If the victim sustained a significant bodily injury, you will face an additional three to five years in jail
Potential Defenses to a PC 261 Charge
Challenging rape allegations requires aggressive legal representation. A seasoned criminal defense attorney will investigate your case to determine the suitable legal defenses that could work in your favor to secure a lighter charge or dismissal of the charge. Depending on the facts of your unique case, your attorney could apply the following legal defenses to help challenge the PC 261 charge:
The Victim Consented to the Act
Arguing that the sex was consensual is one of the primary legal defenses to a rape charge. That means the court cannot convict you of a PC 261 violation if you reasonably believed that the other person consented to the sexual intercourse. Eyewitness testimonies and text messages would help prove this legal defense at trial.
Sexual Intercourse Did Not Occur
For a PC 261 violation conviction, the prosecutor must prove that you engaged in sexual intercourse with the other person. If no intercourse occurred, you would not be guilty of a PC 261 violation. Your attorney can argue that you committed specific acts with the accuser or victim, like making out, but penetration did not occur.
Unless the prosecutor has video evidence or eyewitness testimonies of the incident, rape cases often boil down to a “she said or he said” situation. Therefore, if your criminal defense attorney can provide evidence to show the court that the prosecutor cannot prove sexual intercourse occurred, the judge could reduce or dismiss your case.
Someone Has Falsely Accused You of the Crime
Too often, the crime of rape is ripe for false accusations. The accuser could lie due to various motivations, including the following:
- Jealousy
- A misunderstanding
- A regret
- Anger
- Revenge
If you are a victim of false allegations, your attorney can use the victim's voicemails and text messages to show the court his/her motive for putting you into legal trouble. A reliable attorney can also subject him/her to a thorough cross-examination at the eyewitness stand to impeach his/her credibility and increase your odds of securing a favorable result.
You Did Not Coerce or Use Fear Against the Victim
Recall, for a PC 261 violation conviction, the prosecutor must prove that you coerced, threatened, or used fear against the victim. Therefore, challenging the existence of these critical elements of the crime could work in your favor to secure a desirable outcome. Expert testimony, surveillance footage, and witness accounts could help support this legal defense argument.
You are a Victim of Mistaken Identity
Depending on the facts of your unique case, your attorney can also argue that you are a victim of a mistaken identity case. That means the accuser mistakenly identified you as the offender or perpetrator. DNA evidence and surveillance footage can help prove this legal defense argument to secure a lighter charge or dismissal of your rape charge.
The Prosecutor's Evidence Against You is Insufficient
Challenging the accuracy and sufficiency of the prosecutor's evidence against you is another way to fight a rape charge. One way your attorney can do that is by scrutinizing the reliability and credibility of the eyewitness accounts and forensic evidence the prosecutor has against you.
Lack of supporting evidence, inconsistencies, and contradictions could weaken the prosecutor's case against you to secure a favorable outcome.
Steps to Take When Accused or Charged With a Rape Offense
If you are under investigation or charged with a PC 261 violation, the actions you take can help increase your odds of securing a desirable judgment on the case. Here is what to do if you are in this challenging situation:
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Do Not Speak to the Investigators Without an Attorney
Understand that law enforcement officers are not your friends, and anything you decide to disclose to them can be used against you in court, lessening your chances of winning the case.
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Preserve All Evidence Critical to Your Case
Even before you contact your attorney, you should do your best to preserve all evidence that could help strengthen your case, including eyewitness testimonies, social media messages, and emails. Any evidence that can help support and prove your version of events as they unfolded could work in your favor in court to secure a favorable outcome.
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Hire a Dependable Criminal Defense Attorney
Confronting the judge and the prosecutor without an attorney is not advisable. Ensure you hire a reliable criminal defense attorney to help shed light on the legal matter you are facing and offer the necessary legal representation to secure a favorable outcome. The sooner you involve a seasoned attorney in your case, the higher the chances of securing a desirable outcome.
Expunging a Rape Conviction
A PC 261 violation conviction can attract long-lasting consequences that extend beyond the hefty fines and jail time. However, you can avoid these collateral repercussions by securing an expungement of your conviction. You would be eligible to expunge your rape conviction under the following conditions:
- You have completed your felony probation
- You are not serving a sentence for any other offense
- You did not serve your sentence in the state prison (or if you did, it was before the realignment program under Proposition 47, which requires you to serve a county jail term for the same offense)
If you are ineligible for expungement, your attorney can help you pursue other post-conviction relief options, such as:
- The Governor's Pardon
- Certificate of Rehabilitation (COR)
Find a Sex Crime Attorney Near Me
In addition to the legal consequences, any sex-crime-related offense, including rape, could carry life-altering consequences, including deportation if you are a non-citizen.
At Desert Defense Lawyers, we understand what is at stake when you are under arrest or charged with a rape offense. If you or a loved one is in this situation, our credible attorneys can intervene and help him/her secure a favorable outcome. Call us at 888-293-0396 to discuss your unique case with us and receive immediate legal representation, wherever you are in Palm Desert.
