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Home blog Sex Crimes How California Defines Rape and Sexual Assault

How California Defines Rape and Sexual Assault

By Michael Guisti on April 14, 2021

The terms “rape” and “sexual assault” are often used interchangeably in the media, but there are clear legal differences between them. The legal definitions may seem similar, but they can make a world of difference when it comes to launching a defense in a criminal trial. A felony rape conviction can result in imprisonment in a California state prison, thousands of dollars in fines, and additional punishments, while sexual assault is a misdemeanor and a conviction can lead to a lighter sentence.

What Is Sexual Assault?

As outlined under California Penal Code 243.4, sexual assault – or sexual battery – is a broad sex crime that refers to any situation where a defendant inappropriately touches another person’s intimate body parts without that person’s consent and for the purpose of sexual arousal or gratification. This can include multiple different scenarios, and as a result, can be charged as either a misdemeanor or a felony.

If convicted of sexual assault, you can be sentenced to:

  • Up to one year in county jail and/or a maximum $2,000 fine, a strike under California’s Three Strikes Law, and requirement to register as a sex offender.
  • Up to two, three, or four years in state prison and/or a maximum $10,000 fine, a strike on your criminal record, and requirement to register as a sex offender.

What Is Rape?

Rape is a specific sexual assault crime that includes the main definition of Penal Code 243.4 but must also include an act of sexual intercourse without the victim’s consent. Under Penal Code 261, it can also include situations where a victim only offered consent due to a threat of force, violence, fear, or fraud, or could not offer consent due to being unconscious, having a mental or physical disability, or intoxication.

Rape is always filed as a felony and can result in:

  • Up to three, five, or eight years in state prison;
  • An additional three to five years in state prison if the victim suffered a great bodily injury;
  • Up to 11 years in state prison if the victim was under the age of 18;
  • Up to 13 years in state prison if the victim was under the age of 14;
  • A maximum $10,000 fine;
  • A strike on your criminal record;
  • Having to register as a sex offender; and/or
  • Civil penalties.

Speak to an Experience Attorney About Your Defense

These two charges both come with significant penalties that can ruin your reputation, put you in prison for years, and heavily impact your future. California takes a harsh stance against sex crimes, and the district attorney overseeing your case may not care for your side of the story. They will likely seek the harshest possible penalty, but a skilled attorney at Law Office of Michael L. Guisti may be able to get your charges reduced or dismissed altogether.

This will require looking into the details of your case, but common defenses used in rape and sexual assault cases include:

  • You acted with the victim’s consent.
  • There was no sexual intercourse.
  • You were falsely accused.
  • The prosecution lacks sufficient evidence.

To speak to an Orange County criminal defense attorney today, call Law Office of Michael L. Guisti at (714) 530-9690 or toll-free at (888) 478-8999. We offer free initial case planning sessions to discuss your options.

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Posted in: Sex Crimes

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