CALIFORNIA RAPE LAWS FROM A SACRAMENTO SEXUAL ABUSE LAWYER

A former prosecutor and avid litigator with a decade of criminal law experience heads the defense team at the Law Offices of Alin Cintean. The California Penal Code lists more than 100 sexual assault statutes. Alin Cintean knows the penal code, the elements of rape, the defenses to the charges and what constitutes admissible evidence.

If the state charges you with rape, you want the representation of Alin Cintean, Sacramento’s knowledgeable and stalwart criminal defense attorney. We work to discover the truth, protect your family, safeguard your reputation and keep the media at bay. Our highly trained criminal investigators explore every fact, check every claim and expose every lie.

The definition of rape

Broadly speaking, rape is non-consensual sexual intercourse compelled through violence, duress or fear of bodily injury, or inflicted on those who lacked the capacity to consent because of age, mental disability, intoxication or unconsciousness.

The burden of proof and punishment in a rape case

The burden of proof in a rape case is on the prosecution. The prosecutor must prove:

  • That sexual intercourse occurred
  • That the victim did not consent because of violence, threats, duress or fraud, or because the victim was unable to consent

The punishment in most adult rape cases is three, six or eight years in state prison. In cases involving minor victims, the prison sentence is seven to 11 years if the victim is over age 14 or nine to 13 years for a younger victim.

Statutory rape — when consent doesn’t matter

When an adult has sex with a minor, California prosecutes the adult for rape even if the minor consents. Under California law, minors do not have the capacity to consent to sexual acts with adults. Statutory rape may be charged as a misdemeanor or a felony depending on the ages of the two people involved and the criminal record of the adult participant. There is no mandatory sex registration requirement for a statutory rape conviction in the penal code, but judges reserve the discretion to order such registration based on the facts of the case, your criminal history and your psychological profile. However, other crimes, such as child molestation, do require sex offender registration.

Spousal rape — there is no ‘right’ to sex in marriage

Forcing your spouse to have sex against his/her will through aggression, menacing, deceit or peril is a felony punishable by up to eight years in state prison. Resourceful domestic violence lawyer Alin Cintean works with you to disprove spousal rape allegations in domestic violence cases.

Date rape — sex in a relationship still requires consent

“Date rape” is non-consensual sexual intercourse between people who know one another. It is also sometimes called “acquaintance rape”. It can happen with someone who has consumed enough drugs or alcohol to render them unable of consenting to a sex act, even if he/she has consented in the past. Date rape is punishable by a term in state prison and lifetime registration as a sex offender.

Explaining sexual harassment and sexual assault at work

Sexual harassment is a civil action designed to protect employees from unwanted sexual advances. Sexual assault in the workplace is a crime. If an employee alleges sexual assault, the alleged assailant faces criminal charges, loss of employment and civil penalties. The key to such allegations is that the victim communicated that the conduct was unwelcome. If the other person reciprocated verbal sexual innuendo, laughed at off-color jokes, or accepted sexually explicit jokes by email and forwarded them to others, then this may suggest that your behavior was welcome in the workplace. Likewise, sexual touching must be unwelcome to constitute sexual assault.

The Law Offices of Alin Cintean provides comprehensive rape and sexual assault defenses

Alin Cintean is available to help you with a comprehensive defense against rape and sexual assault charges almost 24 hours a day and on the weekends. Alin Cintean has focused on criminal law for more than a decade and defends people from Sacramento to the San Francisco Bay Area. If you want a personal consultation with an astute and reliable criminal defense professional, contact the Law Offices of Alin Cintean online or by telephone at 916.441.3500 today.

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