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Sacramento Rape Defense Lawyer

AGGRESSIVE AND COST-EFFICIENT REPRESENTATION FROM A FORMER PROSECUTOR

Steve Whitworth Attorney At Law has been defending clients in the criminal justice system for 14 years. As a former prosecutor, he has the necessary experience to strategize an effective defense for you, especially if you are facing charges as serious as rape or statutory rape. Attorney Whitworth has taken over 70 trials to jury and secured hundreds of wins. He will be available 24/7 throughout the case, and he will put his experience to use as he builds an aggressive defense to protect your rights as an accused.

Schedule a free initial consultation with our firm online or at (916) 659-5233 to get started on your case. Se habla español.

California Rape Laws

California Penal Code 261 PC defines the crime of rape as using force, threats, or fraud as a means of having non-consensual sexual intercourse with another person. Acts that constitute rape include those involving:

  • an alleged victim incapable of consenting because of a mental disorder;
  • intercourse done by the use of force, violence, or duress;
  • an alleged victim who cannot consent because of intoxication; and
  • an alleged victim who is unconscious of the act.

 

Note that the prosecution must prove the following in order to convict someone of rape:

  • the defendant committed an act of sexual intercourse with another person;
  • the parties were not married at the time;
  • the other person did not consent to the sexual intercourse; and
  • the accused accomplished the act by using force, violence, duress, menace, fear of bodily injury, retribution, and/or fraud.

Let Steve Whitworth Attorney Defend You in Court

There are several different defense methods we can use to champion your case. For instance, the 3 common defenses against rape charges in California are:

  • the alleged victim consented to the sexual intercourse;
  • no sexual intercourse actually occurred;
  • the defendant was false accused.

 

In the case of statutory rape charges, we could defend your case by showing that you honestly and reasonably believed the alleged victim was older than 18 years old or that no actual sexual intercourse took place.

Whether you face misdemeanor or felony charges for statutory rape or felony charges for rape, Steve Whitworth Attorney At Law can defend you. We are well-versed in California’s sex-related laws, and we can build a strong and compelling defense to fight aggressively for your side in court. You don’t deserve to face harsh, unwarranted criminal penalties for something you didn’t do, and we will do our best to protect your future from your past mistakes.

Statutory Rape

Under California Penal Code 261.5 PC, statutory rape is a crime that occurs when a person, regardless of age, has sex with a minor under 18 years old. Note that even if the sex was consensual or initiated by the minor, the older individual can still be charged with statutory rape, because California considers minors incapable of giving informed consent. While some states have Romeo and Juliet exceptions for couples close in age, California does not have such exceptions.

Be aware that the prosecutor does not have to prove that the defendant used force to accomplish the sexual intercourse or that the alleged victim did not consent; merely having intercourse with a minor is enough to constitute a crime of statutory rape. In special circumstances, minors may be charged with statutory rape, though this is rare and will be a process tried in juvenile court.

Penalties Upon Conviction

Rape is a felony punishable by up to 8 years in state prison and/or felony (formal) probation. If the alleged victim suffered great bodily injury during the offense, the defendant could face an additional 3-5 years in prison.

Statutory rape is a wobbler offense that may be charged as either a misdemeanor or a felony. The following factors will determine how an offense will be charged:

  • The defendant is no more than 3 years older than the alleged victim – misdemeanor
  • The defendant is more than 3 years older than the alleged victim – either a misdemeanor or a felony
  • The defendant is 21 years or older and the alleged victim is under 16 years old – either a misdemeanor or a felony

 

If charged as a misdemeanor, statutory rape could result in a period of informal (misdemeanor or summary) probation, up to 1 year in county jail, and/or up to $1,000 in fines. If charged as a felony, statutory rape could lead to:

  • informal or formal felony probation with up to 1 year county jail; or
  • 16 months, 2 years, or 3 years in custody (2 years, 3 years, or 4 years if the defendant is 21 years or older and the alleged victim is under 16 years old);
  • up to $10,000 in fines.
Schedule a free consultation online or at (916) 659-5233 to get started on your defense.

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