Overview of California Rape Laws

The District Attorney must prove beyond a reasonable doubt that non-consensual sexual intercourse occurred. The following elements must be met to achieve this:

  • Violence – actions that intend to kill or seriously injure someone
  • Menace – threats or intimidation with an intent to cause bodily injury
  • Means of force – overcoming a person’s will
  • Fear of bodily injury – the alleged victim feared that physical damage would be done to their body
  • Fraud – use of deceit to convince someone to have sex
  • Duress – threats that result in coercion
  • Retribution – retaliation, payback, or revenge

The state will try to show that forcible sexual intercourse occurred. California does not define the term sexual intercourse. However, under the statute, sexual intercourse might include any penetration of any kind using any item, body part, or object of the genitalia or vagina.

Consent Laws in Oakland, CA

Under California law, a person can only be convicted of rape if they are found to have engaged in forcible sexual intercourse. In other words, the alleged victim did not consent.

California’s consent laws state that a person can only give their consent if they do so voluntarily, freely, with an understanding of the nature of the sexual act in question. Additionally, someone who initially consents to sex can change their mind during the act if they wish, making consent cases even more difficult to navigate with expert counsel.

Parties Unable to Give Consent Under California Law

There are specific parties who may not be able to give their consent under California Penal Code § 261. These parties include:

  • Individuals too impaired by drugs or alcohol to give their consent
  • Unconscious individuals
  • Individuals with a mental health condition that prevents them from being able to give their consent

What is Megan’s Law?

Megan‘s Law is a state law that requires sex offenders convicted of rape and other sex crimes to register as sex offenders with their local and state law enforcement agencies.

Under Megan‘s Law, convicted sex offenders must remain on a public sex offender registry that includes both the address and a photo of the convicted sex offender. This makes others aware of sex offenders moving into their neighborhoods.

You Could Face Charges for Multiple Rape Crimes

Rape consists of multiple types of sex crimes, including:

  • Statutory rape – Anyone who engages in sexual intercourse with someone under eighteen years old may be charged with statutory rape even if the act was consensual or initiated by the minor
  • Sexual battery – People can be charged with sexual battery for touching the genitals or intimate parts of another person with the intent to abuse, arouse, or sexually gratify
  • Forcible penetration – This type of rape occurs when a person uses force using an unknown or foreign object without the other party’s consent.
  • Forcible oral copulation – This includes non-consensual contact between one person’s mouth and another’s anus or genitals through violence, force, or in any other instance where there was a lack of consent or ability to give consent.
  • Spousal rape – In the past, California Penal Code § 262 defined spousal rape as a situation in which one spouse rapes the other. The statute was repealed in 2021, and spousal rape is now considered the same as a standard rape charge.

If you face additional sex crime-related charges not listed above, reach out to Morris Law to discuss your potential defense options.

Penalties for Rape Convictions in Oakland, CA

The penalties for a rape conviction range depending on the specific crime you’re charged with. Certain crimes are considered “wobbler” crimes. These can either be charged as a misdemeanor or felony, depending on the facts of your case.

You could face the following penalties:

  • Statutory Rape – Up to one year in county jail; fines as high as $1,000 for a misdemeanor. Up to 2, 3, or 4 years in prison; fines as high as $10,000 for a felony. The age of the alleged victim will determine your penalties.
  • Forcible penetration with a foreign object – Up to twelve years in prison, depending on the alleged victim’s age. For minors under the age of fourteen, you can expect the maximum.
  • Sexual battery – Up to four years in state prison; fines as high as $10,000 for a felony. Up to one year in jail; fines up to $2,000 for a misdemeanor.

It is best to consult with your attorney to determine the exact penalties you face and what you’re options will be.

Additional Requirements for a Rape Conviction

In addition to prison or jail time and fines, you might also be ordered to:

  • Participate in mental health counseling
  • Obtain drug or alcohol treatment
  • Register as a sex offender
  • Complete the terms of your probation

Post-Conviction Fallout You May Experience

In addition to your professional reputation being destroyed, you might experience:

  • Trouble finding safe and affordable housing
  • Issues with child custody
  • Difficulty securing gainful employment
  • Problems with immigration or citizenship
  • Loss of gun rights

You Have Defense Options to Fight Rape Charges

Many defenses may be available depending on your case to avoid conviction. These include:

Here’s more about these potential defenses and when they may be appropriate for your criminal defense case.

The Alleged Victim Gave Consent

As stated earlier, the state must prove beyond a reasonable doubt that the alleged victim did not give their consent. If you had every reason to believe that your accuser consented to the sexual intercourse you had, then you should not be found guilty of rape.

You may be able to provide evidence to support your case by providing your attorney with any communication exchanges between you and your accuser, photographs, video evidence, and anything else that could show that your accuser consented to the sexual acts in question.

You Were Falsely Accused

False rape accusations happen far more often than many people think. There are many reasons why an alleged victim could falsely accuse someone of rape.

They may be jealous, angry, or interested in taking revenge against you. Your rape defense lawyer will thoroughly investigate the possibility of a false accusation and explore motives to lie and fabricate.

Lack of Sexual Intercourse

A person can only be convicted of rape in California if sexual intercourse occurred. Although California law does not define sexual intercourse, your attorney may be able to show that while certain acts with the alleged victim might have occurred, the acts in question do not warrant the rape charges against you.

What to Do if You’re Charged with Rape in Oakland, CA

If you have been charged with rape, there are specific steps that you need to take to protect yourself and your future, as follows:

  1. Retain a rape defense attorney as soon as possible
  2. Make a list of any witnesses that could support your case and their contact information;
  3. Obtain any physical or forensic evidence that could support your case, including cell phone records, other communication exchanges, and physical evidence such as objects or clothing

There are also specific things you should not do after being charged with rape. These include:

  1. Do not speak to the police without your attorney present. You have the right to remain silent — use it.
  2. Do not speak to the victim, the victim’s family, or communicate with them in any way
  3. Do not agree to or ask for any forensic testing that is not court-ordered, such as a DNA test, even if you hope that cooperating with police will clear your name

Let Seth Morris Protect Your Rights

If you have been charged with rape or a related sex crime, you must take action to avoid a conviction. A guilty rape verdict will haunt you for the rest of your life.

Get an aggressive rape defense attorney in Oakland, CA at Morris Law to take on your case. Call attorney Seth Morris at 510-330-0814 to schedule your no-obligation case review today.