Rape – CPC 261

California Penal Code 261 broadly defines “rape” as nonconsensual intercourse accomplished by means of threats, force or fraud. A conviction may result in a jail sentence for a period of up to eight years in state prison and a possible “strike” on your record for the purposes of California’s “Three-Strikes” law. A rape conviction may also incur a court-ordered mandate to register as a sex offender in California pursuant to Penal Code 290. If you are facing charges of rape, it is critical that you contact an experienced West Covina rape defense attorney to formulate the best possible defense strategy.

What the Prosecutor Must Prove

The prosecution in a rape case must prove that:

1.    The defendant had sexual intercourse with the victim;
2.    The defendant was not married to the victim at the time of the intercourse;
3.    The victim did not consent to the intercourse; AND
4.    The defendant accomplished the intercourse by:

a.    Force or Fear (force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the woman or to someone else); or
b.    Threats of Future Bodily Harm (a threat to retaliate in the future against the victim or someone else); or
c.    Threat of Official Action (a threat to use the authority of a public office to incarcerate, arrest, or deport someone).

Rape Sentencing and Punishment

• Rape is punishable as a felony offense, which includes a prison term in state prison for a period of three, six or eight years. This crime is not charged as a misdemeanor in California.
• Rape qualifies as a “strike” on your record for the purposes of California’s “Three-Strikes” law. Under this law, any felony conviction may result in increased penalties if you have prior “strike” convictions.
• If you are convicted of a California sex crime such as rape, Penal Code Section 290 requires you to register with local law enforcement as a sex offender for the rest of your life so longs as you live, work, or attend school in California.

Contact West Covina Rape Defense Lawyer

If you find yourself facing charges of rape, it is critical that you contact an experienced West Covina criminal defense lawyer well versed in sex crime laws. West Covina criminal lawyer Daniel V. Cota has been putting his experience to work for years in rape cases and will aggressively defend you against a charge of rape and fight to protect you from the unpleasant results of such a charge on your personal, professional, and emotional life. At Daniel V. Cota & Associates, P.C., Attorney Cota will build a personalized defense for the specific facts of your case. To schedule a free consultation with a dedicated and experienced West Covina criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at (800) 351-6860.