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Rape accusations are serious, and if you are charged with this crime the penalties can be harsh and last for a lifetime. Fines, incarceration, and lifelong sex offender registration are all possible punishments for those who are convicted of this crime. However, a good attorney can help you fight against these allegations in the courtroom and can make sure your side of the story gets told. If you need a rape defense lawyer in Redondo Beach, Okabe and Haushalter can assist you.
Rape is intercourse accomplished without mutual consent between involved parties. This offense is outlined in Section 261 of the California Penal Code, and some types of rape are punished more harshly than others. For example, if the alleged rape occurred due to the use of force or threats or resulted in great bodily harm, this is considered a very serious crime and could result in an extensive prison sentence. However, not all rape cases occur due to use of force nor do they all result in bodily harm, but they can still be charged as rape under state law. Why?
Although the concept of consent may seem to be as simple as a blatant “yes” or “no,” under the law consent is not quite so straightforward. There are several circumstances under which consent cannot be legal even if it is verbalized or given in writing. Some of these circumstances include:
If one person is disabled, their consent may be void under the law
If a person has a known developmental or physical disability that impacts their thinking and judgment, their consent to intercourse is not considered valid under the law.
If one person is under the influence, they cannot consent to sex
If a party consents to intercourse but is intoxicated by substances like alcohol, street drugs, or even prescription medications and their intoxication is known to the other party, then their ability to consent is considered compromised and intercourse with that person could be charged as rape.
With statutory rape, consent cannot be legally obtained
If a person over the age of 18 has intercourse with a person under the age of 18, it can be charged as statutory rape under California Penal Code Section 261.5. In the state of California, it is not legal for an 18-year-old person to have intercourse with a 17-year-old person, although this offense is penalized less severely than if the age difference is 10 or more years or if the minor party is under the age of 14.
If you have been accused of rape, you need a good attorney to represent you in criminal court. Just because you have been accused of a crime doesn’t mean you lose your right to retain legal counsel. If you need a rape defense lawyer in Redondo Beach, contact the attorneys at Okabe and Haushalter to find out more about your rights as a defendant. Our attorneys are known for their aggressive, no-nonsense defense tactics that yield real results, and we can put our criminal law expertise to work for you. We offer zero-cost case evaluations, and we treat each case as unique. We will work together with you to find the best outcome possible for your individual case and will pursue that outcome in the courtroom. Call today for a free consultation.