California Sexual Offenses Lawyers in Westminster
Sexual offense charges are usually brought upon based on the age of the alleged victim and the conduct of the offense. California’s rapte statute, Penal Code 261, defines rape as “nonconsensual sexual intercourse accomplished by threats, force or fraud.” This is a sex crime in California. The typical frame of mind when thinking of rape is the forceful type of rape, but less obvious situations can lead to California rape charges also, including:
- A man having sexual intercourse with a woman who is passed out drunk;
- A doctor “tricking” his female patient into having sex with him by telling her it’s the only way to cure a particular illness;
- A police officer telling a woman that he has pulled over for DUI that he will let her go if she has sex with him.
There are also other rape-related crimes that can fall under California rape law charges, including:
- Spousal Rape / Date Rape – Penal Code 262
- Statutory Rape – Penal Code 261.5
- Oral Copulation by Force – Penal Code 266c
- Forcible Penetration with a Foreign Object – Penal Code 289
The sentencing and stigmas that follow a California rape conviction are generally very severe. A conviction of rape in California includes three, six or eight years in the California state prison. If the alleged victim is or was a minor at the time of the act, a minimum 7 year sentence or 13 year maximum sentence in prison is issued. Many times, innocent people are wrongly accused of rape. There are a number of legal defenses to rape allegations. Some of these defenses include:
- False accusations from accuser
- Honest and reasonable belief of consent to intercourse
- Actual intercourse did not happen
- Insufficient evidence
- Mistaken identity
It is imperative to hire an experienced and aggressive Orange County Criminal Defense Attorney from Corrigan | Welbourn | Stokke to represent you.
Corrigan | Welbourn | Stokke is located in Orange County and represents surrounding areas including Newport Beach, Westminster, Santa Ana, and Fullerton. Call Corrigan | Welbourn | Stokke today to schedule a free case evaluation.