Ventura Rape Attorney
Defense for Ventura & Oxnard Charges: Call (877) 378-6147
Of all sex crimes, rape is considered the most serious and carries with it the most severe penalties. The crime of rape is generally defined as the intentional forcing of a person into a sexual act that involves sexual penetration. This can be done through different means and to different extents. Rape is charged as a felony offense that can result in probation, up to eight years in a state prison and further time if the victim was physically injured, a fine up to $10,000 and the requirement to register as a sexual offender, even if you move out of the area.
What constitutes rape?
Under the California Penal Code ยง261, rape can involve force, fraud, menace, threat or violence. It a crime that is done against the will of another person that either expressed their unwillingness, was not of sound mind, was unconscious or for other reasons unable to express their disapproval.
This may be seen amongst an individual that was impaired by alcohol beyond the extent where they could fully understand what was going on or express their desire for it to stop.
Some examples of rape are:
- The offender uses force, violence, or the threat of violence to force the victim into a sexual act.
- The offender coerces a sexual act from a victim who is unable to consent due to a mental or physical illness.
- The offender engages in a sexual act with an underage victim.
- The offender is a government employee who uses authority to force consent from the victim.
Going Against Will or Consent
Consent will be an important factor that is looked at in a case. This is the attitude of the individual or their willingness along with a complete understanding. Consent is needed throughout and if the individual changes their mind part way through or they consented another time but not in this instance, forcing them to continue can be grounds for criminal charges. Being in a relationship at the time is also not enough evidence to prove consent, and neither is the fact that they may have requested some form of birth control.
Facing rape charges is very serious and your freedom and future are definitely at risk. You need a capable Ventura criminal defense lawyer vigorously defending your rights and your future. An allegation of rape can damage your family and social relationships as well as tarnish your reputation. The information of your crime can easily be viewed by the public, making it near impossible to keep this personal information private. My firm understands that human beings make mistakes or are wrongfully accused.
The most important first step you can take to defend yourself against rape charges is to immediately contact my office.
