Los Angeles Rape Defense Lawyer 

Defending Against Rape Charges in California  

In the face of severe allegations like rape, having a skilled legal team by your side is essential to ensure your rights are protected and your future is defended. At Stephen G. Rodriguez & Partners, we specialize in providing robust and strategic defense for individuals facing rape charges in Los Angeles and throughout California. With years of experience, a deep understanding of the legal landscape, and a commitment to justice, we are dedicated to helping you navigate this challenging time with the strongest defense possible. 

Call Stephen G. Rodriguez & Partners today at (213) 481-6811 or contact us online to schedule a meeting with our rape defense attorney in Los Angeles!

What is Rape?

Rape is a grave criminal offense that involves engaging in non-consensual sexual intercourse with another person. It is a crime that not only carries severe legal consequences but can also impact your personal and professional reputation. California law defines rape as any sexual intercourse accomplished without the alleged victim's consent. This includes cases where the victim cannot consent due to intoxication, unconsciousness, or being under the legal age of consent.

Forcible Rape — Penal Code § 261

Forcible rape is defined as an act of sexual intercourse with another person other than the spouse of the perpetrator and done against a person's will.

This can include any of the following circumstances:

• The victim was incapable of giving consent because of a disability;
• The act was accomplished against the victim's will by means of force;
• The victim was incapable of giving consent because of intoxication, anesthetization or being drugged, and the perpetrator knew or reasonably should have known about the incapacitation;
• The victim was unconscious of the nature of the act (e.g., asleep, unconscious or tricked into believing that the act was not intercourse);
• The victim was tricked into believing the perpetrator was their spouse;
• The perpetrator threatened to retaliate against the victim or another person unless the victim consented to intercourse; or
• The defendant threatened to incarcerate, arrest, or deport the victim or another person if the victim did not consent to intercourse, and the victim had a reasonable belief that the defendant was a public official.

Forcible rape is prosecuted as a felony in California, which is punishable by three to eight years in state prison and sex offender registration for life. There is an additional three years if the victim sustained great bodily injury.

Spousal Rape — Penal Code § 262

Spousal rape, commonly referred to as marital rape, is a husband's sexual intercourse with his wife by force or without her consent. Spousal rape in California is prosecuted as a felony under Penal Code 262.

Spousal rape can occur under any of the following circumstances:

• A rape occurs when it is completed against the spouse by using force, violence, or threats, or fear of immediate unlawful bodily injury;
• A rape occurs when there is no consent given by the spouse due to an intoxicating or drug substance administered to the victim;
• A rape occurs if the victim is unconscious at the time of intercourse;
• A rape occurs when a spouse consents to intercourse due to threats; or
• A rape occurs when the sexual intercourse is accomplished against the victim's will by threatening to arrest or deport the spouse.

The punishment for felony spousal rape is three to eight years in state prison and lifetime sex registration. You could face an additional three to five years in prison if there is great bodily injury or harm to the spouse.

Rape in Concert — Penal Code § 261

Rape in concert occurs when someone voluntarily aids and assists another person in committing rape. The person who aids and assists another does not have to personally participate in the rape, nor do they have to be present at the exact scene during the rape in order to be convicted of rape in concert.

Most sexual assault crimes are charged as felonies although lesser offenses are charged as misdemeanors. Punishment for sexual assault crimes includes jail or prison, fines, community service, counseling, probation/parole and lifetime sex registration. Multiple convictions of sexual assault can lead to increasingly severe punishments. The decision to charge a person with a felony or misdemeanor rests with the prosecutor; however, a criminal defense attorney may be able to minimize the charges that you face.

What are the Penalties for Rape in California? 

In California, rape is a felony offense with potentially life-altering consequences upon conviction. The penalties for rape can vary based on factors such as the age of the victim, the use of force or weapons, and the defendant's criminal history.

The potential consequences of a rape conviction include:

• Lengthy Prison Sentences: A rape conviction can result in significant prison time, ranging from several years to life imprisonment, depending on the circumstances of the case.
• Sex Offender Registration: A convicted individual will likely be required to register as a sex offender, which can impact various aspects of life, including residency, employment, and community standing.
• Probation and Parole: In some cases, probation or parole may be granted instead of or following a prison sentence. However, these options have strict conditions that must be adhered to, and any violations can lead to further legal trouble.
• Criminal Record: A rape conviction will lead to a permanent criminal record, hindering future opportunities, such as finding employment or securing housing.
• Fines and Restitution: Besides prison time and registration, the court may impose fines and restitution to compensate the victim for any physical, emotional, or financial damages.

Defenses Against Rape Charges

The gravity of rape charges underscores the importance of a strong defense. Our experienced Los Angeles rape defense lawyers are well-versed in crafting effective defense strategies tailored to the unique circumstances of each case.

Some potential defenses against rape charges include:

• Consent: Demonstrating that the sexual encounter was consensual and that both parties willingly engaged in the activity is a key defense strategy.
• Mistaken Identity: Sometimes, mistaken or misidentification can play a significant role. We work diligently to uncover evidence that might doubt the accuracy of the allegations.
• Lack of Evidence: A successful defense might involve highlighting inconsistencies in the evidence presented by the prosecution, raising doubts about the accuracy of the allegations.
• Coerced Confession: If law enforcement obtained a confession through coercion or violating the defendant's rights, we work to exclude such evidence from the case.
• Alibi: Presenting a credible alibi that places the defendant in a different location at the time of the alleged offense can be a powerful defense strategy.

FAQs About Rape Charges in Los Angeles

What is “statutory rape” and how is it different?

Statutory rape in California refers to consensual sex with a minor under the age of 18. Even if the minor consents, they are legally unable to give valid consent due to their age. Charges vary based on age differences and can result in misdemeanor or felony penalties.

Can I be falsely accused of rape in Los Angeles?

Yes, false allegations do occur. These cases can arise from misunderstandings, relationship disputes, or revenge. An experienced Los Angeles sex crime defense attorney can investigate inconsistencies, challenge credibility, and present evidence supporting your innocence.

What should I do if I’ve been accused of rape?

• Do not contact the accuser.
• Do not speak to police without a lawyer.
• Hire an experienced criminal defense attorney immediately.

Rape accusations carry severe legal and social consequences. Early intervention by a defense lawyer is essential.

Will I have to register as a sex offender if convicted of rape?

Yes. A conviction for rape in California requires mandatory sex offender registration under Penal Code § 290. This can be a lifetime registration requirement and may significantly affect housing, employment, and reputation.

How does the legal process work after a rape accusation?

The typical process includes:

• Investigation and potential arrest
• Formal charges filed by the District Attorney
• Arraignment hearing
• Pre-trial motions and evidence discovery
• Trial or plea agreement

Each step can take weeks or months. Your defense lawyer may challenge evidence, negotiate reduced charges, or fight the case in trial.

Are rape cases handled differently in Los Angeles than in other places?

Los Angeles County has specialized units within the District Attorney’s Office dedicated to handling sex crimes. Prosecutors take these cases very seriously and are trained to pursue them aggressively. As a result, you need an equally aggressive legal defense. within the District Attorney’s Office dedicated to handling sex crimes. Prosecutors take these cases very seriously and are trained to pursue them aggressively. As a result, you need an equally aggressive legal defense.

How Stephen G. Rodriguez & Partners Can Help

Many sexual assault acts have no witnesses; therefore, sexual assaults are regularly prosecuted, even if the evidence appears weak or the accuser lacks credibility. Possible defenses to sexual assault cases include consent, insufficient evidence and mistaken identity arguments. If you are accused of being involved in a sexual assault offense, including rape, you should speak with an attorney at our firm immediately to learn more about your rights, defenses that may be used in your case and the legal system itself.

Ways that our Los Angeles rape defense lawyers can help you include:

• Arranging for bail or being released on your "own recognizance"
• Understanding the possible penalties and likely outcome of your case
• Hiring an investigator to interview witnesses and gather evidence
• Negotiating with the prosecutor for a reduction of your charges
• Presenting the best defense and challenging the prosecution
• Seeking alternative sentencing programs such as counseling

Stephen G. Rodriguez & Partners has successfully defended many individuals charged with rape and sex-related crimes. Our lawyers bring over 70 years of combined legal experience to fight your rape charges, prepare a strong defense, and find the weakness in the prosecution's case. 

Contact Stephen G. Rodriguez & Partners today for a confidential consultation with our rape defense lawyer in Los Angeles!