Facing a sex crime charge in Bakersfield, California, can lead to serious consequences. Rape is among the sex crimes California prosecutes harshly. The offense is defined under California Penal Code Section 261 PC. This statute includes non-consensual sexual intercourse accomplished through threat, force, or fraud.

Facing rape charges can be overwhelming, as they attract social stigma and media attention. Moreover, the prosecution needs to prove the elements of the crime beyond a reasonable doubt to secure your conviction. Rape penalties can be severe if found guilty, including lengthy prison sentences, hefty fines, sex-offender registration, or felony probation.

You can navigate the justice system with the help of a reputable defense attorney. We have extensive experience defending clients against rape charges at California Criminal Lawyer Group. When you contact us, our lawyers will review your case, discuss it, help build a strong defense strategy, and fight for your rights.

Definition of Rape Per California Law

Rape is a heinous crime punishable under California PC 261. The crime involves engaging in nonconsensual sexual intercourse with another person using threats, force, or fraud. Below are circumstances that could lead to a charge of rape in California:

  • When the victim is physically, developmentally, or mentally disabled. Such people cannot give legal consent.
  • When the sexual act is done against someone else’s will using menace, violence, force, duress, or the fear of immediate and unlawful bodily injury to the victim or another person.
  • When the victim ​​is too intoxicated to resist and whose intoxication should have been reasonably known to the accused. Intoxicated people are considered incapable of giving sexual consent.
  • When a person is unconscious of the nature of the act, it means the following:
    • They were asleep.
    • They were unaware that sexual activity was happening.
  • Where the accused fraudulently misrepresents the act as a part of a professional service when it is not.
  • When the victim is deceived into believing they are engaging in sexual activity with one partner, but it turns out to be someone else due to trickery or deceit.
  • When the victim faces the threat of retaliation by false imprisonment, kidnapping, or harm to themselves or someone else if they refuse sexual intercourse.

In California, consent is a crucial element in rape cases. Consent must be given freely, voluntarily, and with an understanding of the nature of the act to be legally valid. Law enforcement officers must evaluate the circumstances surrounding the interaction to determine whether consent was present or absent.

What the Prosecutor Must Prove in A Rape Case, Per PC 261

When proving your guilt on a rape charge, the prosecution relies on the evidence from the police and certain legal elements. These elements could vary depending on the specific circumstances of the rape charges. The following are the factors that prosecutors must prove beyond a reasonable doubt for the court to sentence you:

  • You engaged in sexual intercourse with the alleged victim, including any form of penetration.
  • The alleged victim did not give consent to engage in sexual intercourse.
  • You used menace, duress, violence, force, or fear of immediate and unlawful physical harm on the accuser or someone else to accomplish the sexual act.
  • You must not have been married to the alleged victim during the incident. Rape can still be charged even if the parties have a relationship but are not legally married.

Prosecutors build a strong case against you using witness testimonies, physical evidence, forensic analysis, and any relevant documentation related to the incident. The burden of proof lies on the prosecution to convince the jury or judge that you are guilty beyond a reasonable doubt.

Force or Fear

As mentioned above, rape can happen by using menace, duress, violence, force, or fear of immediate and unlawful physical harm to the accuser or someone else.

Force means applying power or physical strength against the victim to engage in sexual activity without consent. This can include physically restraining the victim, using physical violence, or overpowering them.

Fear involves instilling a sense of threat or apprehension in the victim to compel them to engage in sexual intercourse against their will. Threats can be explicit or implied and involve harm to the victim or someone close to them.

To prove force or fear in a rape case, prosecutors may present evidence such as witness statements, injuries sustained by the victim, and any physical evidence of a struggle. They may also use the victim's statements or recorded communications from the accused to demonstrate the use of threats or fear to facilitate the sexual act.

Future Threats of Bodily Harm

Rape can also occur when you threaten to retaliate against the plaintiff or someone else if they do not comply with your demands for sexual intercourse. This type of threat involves warning the victim that there will be severe consequences, such as kidnapping, false imprisonment, inflicting extreme pain, serious bodily injury, or even death, if they refuse to engage in sexual activity.

Prosecutors may use evidence such as witness statements, recorded communications, or messages indicating your threats to establish this form of rape. The victim's fear and emotional distress from the threats may also be considered evidence.

Threat of Official Action

In California, a unique circumstance that can lead to rape charges is when you threaten to use the authority of a public office to incarcerate, arrest, or deport the accuser or their loved one.

The plaintiff must reasonably believe that you are a public official with the power to carry out these actions, even if you are not a public official. The fear of facing the legal consequences of deportation can be a significant factor in coercing the victim into engaging in sex.

The law requires the prosecutor to establish false representation as a public official and the victim's fear resulting from this deception beyond a reasonable doubt. Pieces of evidence prosecutors could use include witness statements and recorded communications

The Legal Meaning of Consent

Consent is a fundamental element in rape cases. Consent refers to an individual's voluntary and informed agreement to engage in sexual activity. For consent to be legally valid, it must be given freely, willingly, and with a clear understanding of the nature of the act.

Consent should be an active and ongoing process throughout the sexual encounter. It is not a one-time approval but a continuous and affirmative agreement at each step of sexual activity.

The law evaluates the case's circumstances to determine if consent was present. It is important to note that specific individuals are legally incapable of giving consent, regardless of their actions or words. These individuals include those who are severely intoxicated, suffering from serious mental disorders, or unconscious.

Additionally, consent can be withdrawn at any point during sexual activity. If a person initially consents but decides to stop or expresses unwillingness to continue, the other party must respect that decision and cease the sexual activity immediately.

The absence of resistance or physical struggle does not imply consent. The law does not require the victim to physically fight back to communicate their lack of consent. Instead, a lack of consent can be expressed through actions or words that convey the unwillingness to continue the sexual activity.

Legal Defenses to Rape Charges

You can mount various legal defenses when facing a California PC 261 charge. These defenses protect you and ensure a fair legal process. Common legal defenses you could use to fight a rape case are:

You Had the Plaintiff’s Consent

Consent must be given freely, willingly, and with a clear understanding of the nature of the act. If you can demonstrate that the accuser willingly and voluntarily agreed to engage in sexual activity, it can undermine the prosecution's case.

You must prove the consent was genuine and not obtained through force, fraud, or coercion to win your case. You could present evidence such as text messages, emails, or witness testimonies indicating that the victim explicitly agreed to the sexual activity.

No sexual intercourse

Your defense attorney could use the “no sexual intercourse” defense if you did not engage in a sexual act with the plaintiff. Evidence to support this defense may include medical examinations, forensic analysis, or witness statements indicating that no sexual intercourse took place during the alleged incident.

The alleged victim could undergo a medical examination to look for physical evidence of sexual contact, such as DNA or signs of injury. If no evidence of sexual intercourse is found in the medical examination, it can support your claim that no rape occurred.

The forensic analysis could be another tool to examine any potential physical evidence, such as clothing or bedding, for traces of sexual activity. If the analysis does not reveal any signs of sexual contact, it can bolster your argument.

Additionally, witness statements from individuals present during the alleged incident can be crucial. If witnesses can attest that no sexual activity occurred or that they did not observe any signs of sexual intercourse, it can strengthen your defense.

Falsely accused

In many California rape cases, defendants are falsely accused for various reasons, such as jealousy, regret, anger, misunderstandings, or revenge. In such a circumstance, you could assert your innocence by presenting compelling evidence in court, including:

  • Communication records, such as text messages contradicting or disproving the alleged victim's claims and demonstrating the motive for making false accusations.
  • Voicemails and recorded conversations to show the alleged victim's motivations for making false allegations.
  • Witness statements from individuals who were present during or after the alleged incident corroborate your version of events and refute the allegations.
  • Surveillance footage from the location of the alleged incident. The footage can be reviewed to verify the accuracy of the accusations or provide an alternative account of the events.
  • Alibi evidence to show that you were not present at the location or time of the alleged incident can undermine the credibility of the accusations.
  • Character witnesses who could vouch for your reputation and behavior to help build a strong defense against false accusations.

Penal Code 261 Sentencing

Rape is prosecuted as a felony in California. Being charged and convicted of PC 261 can have severe legal consequences, including:

  • Serving a three, six, or eight-year prison sentence if the plaintiff is over the age of 18.
  • Sex offender registration for 20 years or life.
  • An additional three or five years in state prison if the rape victim suffered great bodily injury.

The severity of the penalties may depend on the case's specific circumstances. For example, if your victim is between 14 and 18 years of age, you could face a 7, 9, or 11-year prison sentence and register as a sex offender for life.

You face a prison sentence of 9, 11, or 13 years and must register as a sex offender for life if your victim is under the age of 14.

The judge cannot send you to probation if your rape offense involved force and violence or harmed the plaintiff physically.

Possible Deportation For A Rape Crime

If you are a non-citizen convicted of PC 261 rape in California, there is a risk of deportation after serving your prison sentence. Rape is considered a crime involving moral turpitude (CIMT). Crimes involving moral turpitude reflect the individual's moral character and honesty level.

Under immigration law, a conviction for a CIMT can lead to adverse immigration consequences, including deportation or removal from the United States. Once you complete your prison sentence for a PC 261 conviction, immigration authorities may initiate deportation proceedings against you.

Expunging a PC 261 Conviction

Expungement is a legal process that allows an individual to have their criminal record cleared or dismissed after their sentence. In California, under Penal Code 1203.4, individuals convicted of certain crimes, including rape under PC 261, may be eligible for expungement if they meet specific criteria.

However, it is crucial to note that not all convictions are eligible for expungement, and the process can be complex. You must meet the following conditions to be eligible for expungement of a rape conviction:

  • You have completed your probation or obtained an early termination of probation.
  • You have fulfilled all terms of your sentence, including jail or prison time, fines, and restitution.
  • You must not have been convicted of any new criminal offenses since your rape conviction.
  • You must not be serving a sentence for any criminal offense at the time of the expungement petition.

Even if these eligibility requirements are met, expungement is not guaranteed. The decision to grant expungement lies within the discretion of the court. Obtaining an expungement can offer significant benefits, such as improved employment prospects and reduced stigma associated with a criminal record.

However, expungement does not entirely erase the conviction; it is more accurately described as a dismissal, and the record will still be accessible in some circumstances.

How A PC 261 Conviction Affects Your Gun Rights

A conviction for rape in California can significantly affect your gun rights. A conviction for a felony offense, such as rape, leads to losing the right to purchase, own, or possess guns. This restriction is per California Penal Code Section 29800, also known as the felon with a firearm law.

The restriction on gun rights is not limited to the duration of the prison sentence or probation. Even after completing the sentence and being released from custody, if you are convicted of rape, you will remain prohibited from possessing firearms unless you successfully petition to restore your gun rights.

To have your firearm rights reinstated, you must file a petition in court seeking a Certificate of Rehabilitation or a Governor's Pardon. The court will consider various factors, including the nature of the offense, your behavior since the conviction, and the impact of restoring your gun rights on public safety.

Civil Law Suit for a Rape Case

A victim of rape in California has the right to sue their alleged rapist for damages through a civil or personal injury lawsuit. The plaintiff may pursue various types of damages, including:

  • Compensation for medical bills related to physical injuries sustained during the assault and psychological counseling for emotional trauma.
  • Compensation for lost wages and future earning capacity if the victim suffered physical or emotional injuries that caused them to miss work or affected their living ability.
  • Damages for the physical pain and emotional distress experienced by the victim as a result of the rape.
  • In some cases, the court may award punitive damages to punish you for the egregious conduct and to prevent other potential perpetrators from engaging in similar conduct.

A civil lawsuit for rape is separate from the criminal prosecution of the alleged rapist. In a criminal case, the government brings charges against the accused for violating criminal laws, focusing on punishment through fines, probation, or imprisonment.

On the other hand, the victim initiates a civil lawsuit, seeking compensation for the harm they have suffered due to the rape. The burden of proof in a civil lawsuit is lower than in a criminal case. In a civil case, the plaintiff must establish liability by a preponderance of the evidence showing that you are more likely to have committed rape.

Related offenses to Rape, PC 261

In addition to rape under PC 261, several related offenses under California law address different forms of sexual misconduct. The following crimes are commonly associated with rape and their penal codes:

Statutory Rape, Penal Code 261.5

Statutory rape, governed by Penal Code 261.5 in California, is a unique sex offense that does not require force, threat, or lack of consent as in traditional rape cases. Instead, it addresses consensual sexual activity involving a minor under 18 and a significantly older defendant who is not legally married to the minor.

Elements of Statutory Rape

  • You must be at least three years older than the minor involved in the sexual activity. If the minor is younger than 16, the age difference requirement increases to four years.
  • The minor must be under the age of 18 at the time of the sexual activity.
  • You and the minor must not be legally married to each other.

Penalties for Statutory Rape

In California, statutory rape is considered a "wobbler" offense. So it can be charged as either a misdemeanor or a felony.

  • If charged as a misdemeanor, the penalties may include up to one year in county jail and a fine of up to $1,000.
  • If charged as a felony, the penalties may include up to three years in state prison and mandatory sex offender registration for life.
  • Sometimes, the court may also order you to attend counseling or complete a sex offender treatment program.

Defenses to Statutory Rape

Several defenses can be raised in response to a charge of statutory rape, including:

  • It may be a valid defense if the age difference between you and the minor does not meet the statutory requirements.
  • Consent of the minor is not a defense to statutory rape, but if the minor was of legal age to consent, it may be relevant to the charge.
  • If you and the minor were legally married during the sexual activity, it may provide a defense to the charge.
  • It might be a defense if you reasonably believed that the minor was of legal age and had no reason to know otherwise.

Sexual Battery, Penal Code 243.4

Sexual battery, governed by Penal Code 243.4, involves intentionally and unlawfully touching another person's intimate parts without consent. Unlike rape, sexual battery does not require sexual intercourse but is still considered a grave violation of a person's bodily autonomy and sexual integrity.

To establish sexual battery under PC 243.4, the prosecution must prove the following elements:

  • You intentionally touched the victim's intimate parts, such as the breasts, buttocks, or genital area.
  • The touching must have been done without the victim's consent or against their will.
  • The touching must have been to achieve sexual gratification, sexual arousal, or sexual abuse.

The prosecution can file your sexual battery charge as a misdemeanor or felony offense in California. If charged as a misdemeanor, the penalties may include up to a six-month jail sentence and a fine not exceeding $2,000. If charged as a felony, the penalties may include up to a four-year prison sentence and a fine not exceeding $10,000.

In addition to imprisonment and fines, a conviction for sexual battery will also result in mandatory sex offender registration, which can have severe and lasting consequences for your life.

You could raise several defenses to challenge a charge of sexual battery, including:

  • The alleged victim willingly and voluntarily consented to the touching.
  • You did not have the intent to engage in sexual battery.
  • Yours is a case of false accusation. You may be falsely accused of sexual battery due to mistaken identity or personal vendettas.

Sodomy, Penal Code 286

Sodomy involves non-consensual sexual acts involving oral or anal penetration. To establish the crime of sodomy under PC 286, the prosecution must prove the following elements:

  • You engaged in oral or anal penetration of the victim's body.
  • The penetration must have occurred without the victim's consent or against their will.
  • The penetration must have been accomplished through force, fear, intimidation, or coercion.

A PC 286 is considered a wobbler. If convicted of a sodomy misdemeanor, you face not more than a one-year jail sentence. You face not more than three years in prison if convicted of a sodomy felony.

Seek the Support of a Skilled Defense Lawyer Near Me

Being accused of rape is a harrowing experience, especially when facing the state's opposition and the judgment and stigma of society. When battling sexual assault charges, it is only natural to want to prove your innocence and avoid being labeled as a sex offender.

At the California Criminal Lawyer Group, we truly understand the weight of rape allegations. We recognize the difficulty of establishing innocence independently, so we are always here to assist you. If you are facing an arrest for alleged rape or are under investigation in Bakersfield, CA, call our lawyers at 661-750-8230. We are fully committed to helping you fight your charges and protect your rights throughout this challenging process.