San Diego Rape Criminal Lawyer
Rape in San Diego
Rape involves an act of sexual intercourse without consent or against the person’s will. Oftentimes people incorrectly think that it is the use of force that makes a rape, when in fact, it is the element of consent that defines rape. Consent may seem like an easy concept but when charged with rape, legal consent gets a little complicated. Consent will depend on the following:
- The age of the victim, whether he or she was of age to consent.
- The victim’s capacity to consent, whether he or she was of sound mind to consent.
- The existence of consent both prior to and during the sexual intercourse.
If you are facing charges for rape, you will need an experienced sex crime defense lawyer to explain the different forms of consent that are required to overcome the charges against you. At Monder Law Group we handle all sex crime cases in San Diego, from prostitution and solicitation cases to cases involving rape charges. We know how they are charged, prosecuted, and successfully defended. Don’t risk your reputation, your liberty, or your life, for the best legal scenario possible call attorney Vik Monder now at (619) 405-0063.
Sexual Intercourse:
Any penetration, regardless of how slight.
Great Bodily Injury:
Any significant or substantial physical injury.
Minor:
Any person under the legal age of 18.
Understanding Penal Code Section 261
In consideration of the seriousness of rape, California has criminalized it under Penal Code section 261. Under this law, “Rape is an act of sexual intercourse accomplished with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. The prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.”
Basically, to convict someone of rape under PC 261, the prosecutor must prove each of the following elements beyond a reasonable doubt:
- The defendant willfully engaged in sexual intercourse with another;
- The defendant was not married to the person at the time;
- The person did not consent to the sexual intercourse;
- It was not reasonable for the defendant to believe that the victim had consented.
Rape is a Felony
Felony Rape Penalties
- A maximum sentence of 3, 6, or 8 years in California state
- prison;
- A fine of up to $5,000;
- Formal probation;
- Lifetime duty to register as a sex offender.
Enhancements for Rape
An enhancement offense is an offense whose commission alone increases the penalties for the original crime. In California, if you are charged with the rape, you could be facing the following sentence enhancements:
Rape of a Minor
- A minimum sentence of 7 years in California state prison;
- A maximum sentence of 13 years in California state prison.
It is important to note that for purposes of this enhancement, it matters that you did not know the person was a minor or reasonably believed the person to be over 18 years old.
Rape Resulting in Great Bodily Injury
- An additional 3-5 years in California state prison;
- A maximum fine of $10,000;
- A strike under California’s Three Strikes Law.
Implications of PC 290 for Rape
California Penal Code section 290 requires sex offender registration for anyone convicted of rape. Registration consist of the person’s head shot, known aliases, general description, latest address, and details of the offense and conviction. Sex offender registration is a lifetime duty, a registered sex offender will have to update this information with DOJ annually, within five working days of their birthday and each time they change residence, within five days of the move. The Sex Offender Tracking Program will keep track of the next required update and if a registered sex offender is in violation of the update requirements. All of this information will go on a registered sex offender database that will be published by the California Department of Justice on Megan’s Law web site. Megan’s Law web site has been established for local law enforcement agencies to notify the general public about sex offender registrants that may pose a risk. If you are facing charges for rape, this could become the rest of your life. For those who think they can avoid this fate by simply failing to register as a sex offender, know that this will only result in additional felony charges!
Immigration Implications for Rape
In addition to the criminal penalties under PC 261, a defendant who is not a U.S. citizen and is convicted of rape will face serious immigration consequences. Rape is a crime of moral turpitude; these are offenses that the U.S. government considers go against society’s standards of morality. More importantly rape is an aggravated felony, regardless of the actual sentence the judge imposes at sentencing. As a result, a conviction for rape will automatically render a non U.S. citizen defendant inadmissible. Inadmissibility means that the defendant will not be eligible for a green card, citizenship or be allowed to re-enter the U.S. If you are convicted of rape under California Penal Code 261, you will be subject to removal or deportation proceedings. At Monder Law Group, we understand the immigration implications your charges carry and we will ensure that your defense strategies focuses on doing everything we can to avoiding these detrimental consequences.
How We Can Prove a Person Is Not Guilty of Rape in San Diego
These are some of the criminal defenses that we can assert on your behalf to help you overcome the charges rape filed against you:
- False Accusation; you did not rape anybody.
- There was physical contact but no penetration.
- Consent; you had a reasonable belief that the person had consented to have sexual intercourse.
Your Best Defense and Best Chance to Overcome Rape Charges in San Diego
If you are being charged with sexual assault/battery charge, make sure to contact experienced criminal defense attorney Vik Monder in order to get your best defense prepared as soon as possible. Sexual assault/battery requires convicted defendant’s register as sex offenders for life. The sooner you call experienced attorney Vik Monder, the better chance you will have at beating your case and getting it dismissed. Sex crimes, such as sexual assault and battery are serious charges that can change your life. Do not cheat yourself and hire an experienced attorney that knows how to fight for your rights and get you the results you deserve!
