The fallout of a sex crime conviction for rape could follow you for the rest of your life. In addition to potential prison time, you could be required to register as a sex offender, leaving a black mark on your reputation and severely hurting your chances of returning to a normal life.
With penalties this severe, you can’t trust your defense to just anyone. You need an experienced Folsom rape lawyer willing to do whatever it takes to ensure your freedom. Don’t take a chance with your future. Call Walsh Law today at 916-237-8270 for a free consultation.
According to California Penal Code § 216, rape is defined as nonconsensual sexual intercourse that is against the alleged victim’s will. Rape can be perpetrated in several ways, most often by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the alleged victim. Here are the following elements of rape:
Consent is a complicated topic with several layers. True consent involves someone of the right mind who agrees to sexual intercourse. More specifically, California Penal Code § 262.6 states that consent involves a person who acts freely and voluntarily with knowledge of the nature of the act. For example, if an alleged victim consents to sexual intercourse for fear they may be hurt, incarcerated, or harmed in any other way, this is not true consent.
There are certain parties that are incapable of providing consent according to California law, including the following:
Rape is one offense that branches off into multiple crimes, depending on your case. Here are other sex crimes you could face in addition to your rape charges:
Rape charges could result in varying penalties, depending on the type of rape committed and whether any other crimes were committed while carrying out the offense.
Ultimately, rape is a felony offense, punishable by 3, 6, or 8 years in prison. Penalties for sex crimes involving minors are far worse. For example, if the alleged victim is under 14 years old, you could face a prison sentence of 9, 11, or 13 years. Rape of an alleged victim under 18 but older than 14 years old results in 7, 9, or 11 years in prison.
Alleged offenders with prior convictions face even higher penalties. California’s Three Strikes Law states that if someone is charged with a felony offense and already has one or more felony offenses on their record, they could face 25 years to life in prison.
In addition to years in prison, you will also face collateral consequences as a convicted felon that could affect you for the rest of your life. These include the following:
Even if your situation feels bleak, know that an experienced Folsom rape lawyer will give you viable defense options. Your attorney may argue the following:
Your future hangs in the balance when you face rape charges. The prosecution and your accuser will provide strong evidence that pins you for the alleged offense. However, we will fight to create reasonable doubt and discredit their evidence to secure your freedom.
Contact Walsh Law today to schedule your free consultation. We’ll assess your case and gather evidence that disproves the prosecution’s claims. Talk with us about your case today by calling 916-237-8270.