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.

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 Stephen G. Rodriguez & Partners 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

The criminal defense attorneys at Stephen G. Rodriguez & Partners have 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 Our Los Angeles Rape Defense Attorney Today

In the face of rape charges, the stakes are incredibly high, and your choice of legal representation can make all the difference. At Stephen G. Rodriguez & Partners, we are committed to tirelessly advocating for your rights, exploring every angle of your case, and building a strong defense strategy that aims for the best possible outcome. We understand the complexity and sensitivity of rape cases and are here to provide you with the strategic, compassionate, and dedicated legal representation you need during this challenging time. If you or a loved one are facing rape charges in Los Angeles, 

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