We are experienced and aggressive in defending rape cases in all Southern California criminal courts including Los Angeles, Pasadena, Glendale, Van Nuys, and San Fernando. Under California Penal Code Section 261.
FORCIBLE RAPE
Rape is defined as sexual penetration of a victim without her consent. Rape is usually forcible because it is done against the victim’s will. There is no consent if intercourse or penetration is done by force or threat of force, or by actual harm to the victim or her immediate family. Rape can also be established if the victim could not consent to the defendant’s act due to her mental incapacity or illness, her age, or the effect of medication, drugs or alcohol intoxication.
Free Consultation and Case Analysis
If rape results in bodily injury to the victim, or if the defendant uses a weapon in order to perpetrate the crime, an aggravated rape may be charged. The prosecutor may charge one separate count of rape for each penetration whether done by an object or by defendant’s genital organ.
Rape charges may be coupled with additional counts of oral copulation. Aggravated circumstances may also be alleged by the prosecutor due to the manner in which the rape took place or because of the use of weapons. Sometimes additional crimes such as kidnapping, assault, torture, and false imprisonment are added to the rape charge in order to enhance the possible penalties and increase the potential incarceration of the defendant.
SPOUSAL RAPE
Spousal Rape charges are not common but are occassionally brought if a spouse accusing her partner of forcing her to engage in sexual intercourse against her will or by the use of force, violence or threat of harm. In the context of a contested divorce or child custody battle, it is more likely for one spouse to accuse the other of spousal rape to take monetary advantage in the divorce proceedings to have a favorable child custody order. Under California Penal Code Section 262, it is unlawful to have sexual intercourse or activity with your spouse against her will. For a free consultation, CALL NOW 213-252-1000
DATE RAPE
Date Rape is defined as forcibly engaging in sexual intercourse or penetration following a voluntary social engagement. Here, the victim is not willing to submit to the sexual advances and resists, yet the offender engages the victim in unwanted sex. The fact that the parties were acquainted is not a defense to date rape. Date rape charges may be coupled with additional counts of oral copulation.
Defenses to Date Rape
Numerous defenses are available to a date rape charge. An experienced attorney must carefully examine the case to find out what particular defenses must be alleged and argued.
Consentual Sex
The usual defense to a date rape charge is “consentual sex”. Here, the defendant claims there was sex, but it was not against the alleged victim’s will. So, the defense is that two consenting adults willingly socialized and later engaged in intercourse.
To establish a valid defense, the defense attorney should present a “motive to lie” or “bias” on the part of the vicitm. For instance, rape charges are sometimes brought to later sue in civil court for money. Rape charges are also a common method of retaliation or to sort out past personal dealings.
A forensic expert and an experienced investigator must also be hired to check the circumstances of the alleged date rape, to do DNA testings, and to inspect and test each item of clothing worn by the defendant and the victim at the time of the alleged rape, and to cross-check all events sorrounding the alleged date rape.
All circumstances and events leading to the alleged date rape must be examined and reviewed. All eye witnesses particularly those who witnessed the defendant and the victim socialize prior to the alleged rape need to be interviewed and possibly used as trial witnesses.
Defenses to Forcible Rape
Numerous defenses are available to a forcible rape charge. An experienced attorney must carefully examine the case to find out what particular defense must be alleged and argued.
“Alibi”
One common defense is “alibi”. Here, defendant claims that he was not present at the crime location at the time and place the rape is said to have taken place. An alibi defense requires detailed examination of all reports and schedules and time lines. The time of the rape must be established using experts. A forensic expert and an experienced investigator must also be hired to check the circumstances of the rape, do DNA testings, inspect and test each item of clothing worn by the defendant and the victim at the time of the alleged rape, cross-check all events sorrounding the rape, and study the possibility of defendant’s presence at the crime location when it occurred.
Witness statements must be obtained from defendant’s and victim’s employer and/or co-workers, family members, and friends to corroborate defendant’s alibi defense. This includes only some of the investigation and preparation that needs to be done to present an alibi defense in a rape case. An alibi defense is case specific and requires the study of the totality of the circumstances by an experienced attorney in the area of rape defense.
“Mistaken Identity”
Alibi is usually coupled with the defense of mistaken identity. Sometimes a defense attorney may need to request a line-up identification to rule out the defendant as the rape suspect. All circumstances leading to the identification of the defendant by the victim or an eye witness need to be examined to be able to create a reasonalbe doubt that the defendant was not the person who committed the rape.
“Consent to Sex”
Another defenses to a forcible rape charge is “consentual sex”. Here, the defendant claims there was sex, but it was not by force or threat of force. So, the defense is that two consenting adults willingly socialized and later engaged in intercourse. Here, the defense attorney will generally look for a “motive to lie” or “bias” on the part of the vicitm. For instance, rape charges are sometimes brought to later sue in civil court for money. Rape charges are also a common method of retaliation or to sort out past dealings.
A rape charge should be taken very seriously and must be defended by an experienced attorney specialized in the sex crimes area. For a free consultation, CALL NOW 213-252-1000
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies. If you would like to discuss your case, call us today for a FREE CONSULTATION and case analysis.
