How Does California Define Rape?
“Rape,” as defined by California Penal Code Section 261, is an act of non-consensual sexual intercourse accomplished under various circumstances. Rape falls into the category of “sex crimes,” a type of conviction that requires an aggressive attack by a defense attorney. With a conviction for rape, your future can be greatly affected in a negative way.
People often think of rape as an act of physical force, but less obvious circumstances can result in a California rape conviction. They include situations such as having sex with someone who is passed out drunk or unable to consent to intercourse because they are asleep or mentally ill. A different situation could be a police officer offering to have sex with a civilian in exchange for letting them out of a traffic ticket, or a doctor tricking his patient into having sex with them.
Rape is only one kind of conviction under the broader term “sex crimes.” Other types of rape include spousal rape, statutory rape, oral copulation by force, or forcible penetration with a foreign object.
How We Defend Against Rape Charges
We are a dynamic and aggressive law firm with a comprehensive understanding of the legal system and a strong belief in the presumption of innocence. We understand that completely innocent people can be accused of rape-related crimes and are prepared to find the flaws in the prosecution’s case if there are any, and use their own tactics to your advantage.
Some of the challenges we can employ in rape cases include:
- False accusations, typically used in domestic violence, divorce, child custody, or acrimonious break-up situations
- Insufficient evidence
- Consent
- Mistaken identity
Why Choose Lessem, Newstat & Tooson, LLP
With over 50 years of combined experience, our criminal defense lawyers have defended people against a wide variety of sex crimes, including rape and the related crimes of statutory rape, spousal rape, date rape, and oral copulation by force.
With over 200 jury trials in our background and two former public defender attorneys on staff, we are often successful in getting charges against our clients dropped or reduced, but failing that, we are more than ready to fight for your rights and your freedom in court. We are proud of our reputation in the Santa Barbara community for going above and beyond the call of duty to protect the rights of our clients, and you can be sure that if we are retained in your case, we will leave no stone unturned to help you achieve the best possible result in your case.
For fair treatment and an honest and thorough representation, please contact a Santa Barbara rape defense lawyer at Lessem, Newstat & Tooson, LLP.
