"Rape," as defined by California Penal Code Section 261, "is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator," under various circumstances. Rape falls into the category of "sex crimes," a type of conviction that requires an aggressive attack by a Criminal Defense Attorney. With a conviction like rape, your future can be greatly affected in a negative way.
People often times think of rape being an act of physical force, but less obvious circumstances can result in a California rape conviction. They include situations such as having sex with someone who is passed out drunk or unable to consent to intercourse because they are asleep or mentally ill. A different situation could be a police officer offering to have sex with a civilian in exchange for letting them out of a traffic ticket or a doctor tricking his patient into having sex with them.
Like most laws, there are certain factors the prosecution must prove in order for a person to be convicted of rape. First they will have to prove that sexual intercourse with another person occurred. Any type of penetration will satisfy this requirement. Secondly, prosecution needs to prove that at the time of the act, the defendant was not married to the other individual.
In order for a person to be convicted of rape, there has to be proof that the other person did not give their consent to the intercourse. Lastly, the prosecution will need to prove that the defendant acted with physical force or violence, caused fear of injury, or acted fraudulently resulting in sexual intercourse.
Rape is only one kind of conviction under the broader term "sex crimes." Other types of rape include spousal rape, statutory rape, oral copulation by force, or forcible penetration with a foreign object. Regardless of the type of sex crime, Lessem, Newstat & Tooson, LLP can give you an accurate assessment of your case and help you fight your case.