Rape is a serious crime, and if you are accused of committing this crime the penalties can be severe and may even last for a lifetime. Fines, imprisonment, and mandatory sex offender registration are all possible punishments faced by those who are convicted of this crime. However, a capable defense attorney can help you fight against these charges in the courtroom and can ensure your side of the story gets told. If you need a rape defense lawyer, contact Okabe and Haushalter to learn more about your options as a defendant.
Rape is described as intercourse that takes place without mutual consent between involved parties. This crime is outlined in Section 261 of the California Penal Code, and some forms of rape are penalized more severely than others. For example, if the alleged rape occurred due to the use of force or if grievous bodily harm resulted from the act, the prison sentence, if a conviction is reached, will likely be more extensive than rape that occurs without force or threat and does not result in severe injury.
Although the concept of consent may seem to be straightforward, under the law consent is not quite so easily defined as a simple verbalized “yes” or “no.” There are a variety of circumstances in which what would appear to be consent is not legally valid. Some of these circumstances include:
If a person has a known disability that affects their judgment and cognition, their verbalized consent to intercourse is not considered legally valid.
If a person consents to intercourse but is known to be under the influence of drugs or alcohol, that person is not considered able to legally consent to intercourse because their judgment may be impaired by the substances they are under the influence of.
If an adult has intercourse with a minor, 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 16-year-old person, although this offense is not punished as harshly as when the age difference between two parties is 10 or more years, or if the minor in question is under the age of 14.
If you have been charged with rape, you need a good attorney to represent you in the courtroom. If you need a rape defense lawyer in Marina Del Rey, contact the attorneys at Okabe and Haushalter to find out more about your rights as a defendant. Our attorneys are known for their solid, hard-hitting defense tactics that yield real results, and we can put our criminal law expertise to work for you. We offer free consultations, and we understand that no two cases are alike, so call today to discuss how we can help you with yours.