RAPE (SEXUAL ASSAULT) PENAL CODE §261
An incredibly difficult subject in criminal defense is sexual assault; also known as rape. Considered one of the most heinous of crimes, the stakes become that much more important when the accusation is not accurate or worse yet; false. Incredibly, there are many individuals who have suffered long prison sentences only to be exonerated by DNA evidence that it was impossible they could have committed such an act. On the other hand, however, so many unreported instances of sexual misconduct and violent sexual assaults never reach the prosecutors office for lack of sufficient evidence or a victim’s fear of speaking up. The result is two tragic extremes that leave many victims and no justice.
In order to arrest or charge someone for this crime, there must have been (1) some form of sexual intercourse (2) the parties were not married at the time of the intercourse (3) the other person did not consent to the intercourse (4) the act was done by use of force, fear, threat, etc. The punishment is a prison sentence of 3, 6, or 8 years.
THIS OFFENSE, WHICH CARRIES A VERY SERIOUS CONSEQUENCE AND EVEN MORE STIGMA THAN MOST CRIMES IS ONE THAT REQUIRES A KNOWLEDGEABLE AND EXPERIENCED PRACTITIONER IN CRIMINAL DEFENSE LAW.