Orange County Rape Defense Attorneys

Charged With Rape in Orange County? Call (714) 530-9690 Today

Rape is an unfortunate crime that comes with serious consequences. Whether an accusation of rape is legitimate or fraudulent, the severity of the punishment means you should take this case seriously in every circumstance. A conviction of rape can have a lasting negative effect on your criminal record, your public reputation, and your future opportunities.

Know your rights and explore all your options when facing a charge of rape. Let an experienced OC sex crime defense attorney help you get the best possible outcome for your case. Contact Law Office of Michael L. Guisti at (714) 530-9690 or toll-free at (888) 478-8999 today to receive a free case evaluation and begin building your defense!

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How California Law Defines Rape

Section 261-269 of the California Penal Code defines rape as an act of sexual intercourse in which the victim did not give consent or was not able to. In certain cases when a false accusation of rape is made, a person may claim that they did not consent to the act of sexual intercourse, which provides some grounds for a case.

For the prosecution to convict a defendant of rape, they must prove that:

• The defendant committed an act of sexual intercourse with the victim;
• The victim did not consent to the act; and
• The defendant was aware that he/she did not have the victim’s consent.

Under California law, sexual intercourse must involve some form of penetration for it to be considered rape. All other activities, such as inappropriate touching or groping, would be charged as sexual battery. Even if the act was consensual when intercourse started, if the victim denies consent during intercourse, the other participant must stop all activity, otherwise, he/she may be charged with rape.

As you can see, legal consent plays a huge factor in rape cases. Legal consent refers to the willingness of both participants to engage in sexual activity. Certain individuals can never consent to sexual intercourse, including:

• Minors under the age of 18 who have intercourse with adults who are at least 18 years old
• Some individuals with developmental or physical disabilities
• Individuals who are intoxicated, either by alcohol or drugs
• Individuals who are afraid for their lives or physically unable to consent

It is important to note that the defendant must be aware that he/she lacks effective consent. For example, if a defendant received consent at the beginning of intercourse and the victim did not ask him to stop or stated that she was withdrawing consent, then the defendant would not be aware that he was committing rape.

Rape can be charged under several circumstances, including:

• The use of force, duress, fear, or threats of retaliation
• Fraudulent rape, which can occur when the offender lies about his identity
• The use of drugs or alcohol
• Spousal rape as defined by PC 262
• Statutory rape

In any case, it is important to discuss the specific circumstances with a skilled OC defense attorney. Several factors can influence the prosecution’s case against you, and you will want to have legal representation throughout the entire process to build a strong defense.

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Penalties for a Rape Conviction

Rape is charged as a felony in California, meaning you can spend years in prison, have to pay thousands of dollars in fines, have to pay victims retribution fees, lose the right to own a firearm, and receive a strike according to California's three-strikes law. In addition, a conviction would mean having to register as a sex offender and report your location and personal details to the police at regular intervals. Rape is also a crime of moral turpitude and can impact your immigration status.

A rape conviction can result in:

• Up to three, six, or eight years in state prison;
• Up to $10,000 in fines; and/or
• Felony probation

However, these charges can be enhanced based on the age of the victim:

• If the victim was under the age of 18: Up to 11 years in state prison.
• If the victim was under the age of 14: Up to 13 years in state prison.

According to Penal Code 261.5, statutory rape is a wobbler that is charged based on the circumstances of the crime and the age difference between the defendant and victim. A statutory rape conviction can result in:

• If the victim is three years or less younger than the defendant: misdemeanor charge of up to one year in county jail.
• If the victim is more than three years younger than the defendant: Misdemeanor charge of up to one year in county jail or felony charge of up to 16 months, two years, or three years in state prison.
• If the defendant is 21 or older and the victim is under the age of 16: Misdemeanor charge of up to one year in county jail or felony charge of up to two, three, or four years in state prison.

A misdemeanor charge can also result in $1,000 in fines; a felony charge can have a maximum of $10,000 in fines. In these cases, the defendant may also be found liable for civil penalties, i.e., may be sued in civil court.

Without effective handling of your case, your reputation and your future could be at stake. Unfortunate situations such as those that fall under the category of "date rape" can be difficult and painful for all parties involved. It is important that everyone's rights be protected, and if you have been falsely accused of rape, it is important that your innocence is established.

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Legal Defense Against a Conviction

Every case is different, and there are several factors that can influence the strength of the prosecution’s arguments. Your best option is to work with a defense attorney who understands the Orange County courts and has experience getting rape charges reduced or dismissed.

At Law Office of Michael L. Guisti, our lead attorney can utilize several defenses on your behalf, including:

• You had consent, and the victim did not withdraw consent.
• It was a case of mistaken identity.
• There was no sexual intercourse.
• The accusations against you are false.
• A cross-examination of witness testimonies reveals conflicting information.
• The prosecution lacks sufficient evidence.

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Fight With Our Experienced Orange County Law Firm

The attorneys at Law Office of Michael L. Guisti have years of experience in criminal defense and have been fighting for our clients since 1999. Our firm continues to serve Irvine, Fullerton, and the rest of Orange County with our exceptional legal team and ability to handle many cases involving criminal law. Do not let your case be handled poorly. Call our firm today at (714) 530-9690 or at toll-free (888) 478-8999 and schedule a free consultation to explore your options as you move forward!

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Additional Information

• How California Defines Rape And Sexual Assault