Rape allegations can be devasting, and even worse, you might be subject to hefty fines and a lengthy prison term if you are guilty of the offense. To have the best chance of fighting these damaging and shameful allegations, you should take advantage of an attorney's services.

A criminal defense attorney will help you comprehend your constitutional rights and also help you build a defense master plan to counter these allegations for an alternative/related less severe charge or acquittal of the charges.

Experienced defense attorneys at Chula Vista Criminal Attorney understand how stressful a criminal charge can be, especially if it's a sex crime like rape, where your freedom and livelihood are at stake. We will aggressively and tirelessly defend your rights and deserved freedom as you go through the complex and confusing criminal justice system, which begins with an arrest.

Events After an Arrest for a Rape Charge

Elaborated below are the events you should expect following an arrest for rape or any other criminal offense:

The Booking Process

Once a police officer arrests you for a rape charge, he/she will take you to the police station for an administrative process known as booking. During this legal procedure, the arresting officer will do the following:

  • Record pieces of evidence and observations related to the offense
  • Record your names
  • Record your fingerprint
  • Check your criminal history
  • Take mugshots "passport-like photos"
  • Confiscate your items, including watch, ring, belt, and clothing
  • Give you a jail uniform and place you in the detention hall

For non-severe cases, the arresting police officer will release you after this procedure after writing and signing a promise to avail yourself later for the case's hearing as required by the court. However, for a crime like rape, you will probably stay in custody until your first court appearance.

Bail Hearing

The bail hearing also, known as the arraignment, will be your first formal court appearance. The primary purpose of this hearing is to inform you of the alleged criminal charges and examine your eligibility to post bail as the case continues. After confirming that you understand your constitutional rights, the judge will allow you to enter a plea of your choice. Here are plea options that you have under the law:

  • Guilty
  • Not guilty
  • No contest

In this type of sex crime, any defense attorney will advise you to enter a plea of "not guilty" to fight the case at trial because there are chances that you could counter rape allegations against you for the best possible verdict. When determining your eligibility to post bail, the court will consider the factors listed below:

  • Your criminal history
  • Your likelihood of taking a flight
  • Your involvement or contribution to the community
  • Community safety and wellness

Posting bail after an arrest for a rape charge is crucial because you deserve freedom and aren't guilty of this offense yet. Typically, bail in the legal justice system is the sum of money that the court will require you or your friend to pay to act as an assurance that you are ready to show up in court for the alleged case's hearing and judgment after securing your freedom.

Pretrial Hearing

The pretrial hearing in the criminal justice system is typically a chance for your defense attorney to determine if the prosecutor has sufficient and concrete evidence and facts to continue with rape charges against you. Your defense attorney can file any of the following motions during this stage of the prosecution process to weaken the prosecutor's rape case against you:

  • A motion to suppress
  • A motion of discovery
  • Pitchess motion

Trial Hearing

A trial hearing in the criminal justice system is the phase where the judge or a jury makes the final judgment on your alleged rape case after listening to the prosecution evidence and your attorney's mitigating arguments. The court decision during the trial hearing for your alleged rape case will determine whether you will remain free or not.

Hence, your defense attorney should be ready with his/her counteractive and neutralizing evidence to convince the jury or the judge that you are an excellent candidate for a less severe charge or acquittal of the charges.

What Counts as Rape Under the Law

According to section 261 of the Penal Code, rape is the act of sexual intercourse with another person, whether male or female, without his/her consent using force or a threat of severe bodily injury to accomplish the act. Under this statute, you might also be subject to rape charges even if the victim or accuser could not give consent due to any of the following:

  • Intoxication
  • Disability
  • Mental illness
  • Unconsciousness

Generally, during prosecution for a rape charge, the prosecutor and the judge will focus on whether the act was consensual or not because consensual sex between two adults is not illegal. To prove the sexual intercourse act was against the victim's will, the prosecutor must be ready with proper pieces of evidence to prove to the jury that you accomplished the alleged act in any of the following ways:

  • Using fraud
  • Using threat
  • Using duress or coercion
  • Using physical violence
  • Using fraud or deceit

Since the prosecution must prove your guilt beyond a reasonable doubt, the prosecutor may require more pieces of evidence to build a strong rape case against you, for example:

  • Rape kits
  • Audio and video recordings
  • Clothing
  • Eyewitnesses

Nonetheless, to secure a conviction against you for a rape charge, he/she must have proper evidence to prove each element of the crime beyond a reasonable doubt. Elements of crime in a rape charge include:

  • You engaged in sexual intercourse with an individual who wasn't your husband or
  • The sexual intercourse was against his/her will, meaning the act was non-consensual
  • You and the victim are unwed or unmarried, meaning he/she is not your wife or husband
  • You accomplished the alleged sexual act using force, fear or threat, towards the victim or his/her close family member

According to this statute, sexual intercourse refers to penetration on another person's genitalia or vagina regardless of how slight. It is also worth remembering that, even if you didn't ejaculate during the alleged sexual act with the victim, you could still be subject to harsh consequences under PC 261 if other pieces of evidence against you are true beyond a reasonable doubt.

Penalties of a Rape Charge Conviction

Generally, rape is punishable as a felony offense, meaning the penalties are severe and long-lasting. To avoid these consequences, most criminal defense attorneys will focus on weakening the prosecutor's rape evidence against you for an alternative less severe charge that comes with less severe consequences if a dismissal of the case is impossible.

When the prosecutor secures a conviction against you for violating PC 261 after proving each aspect of the crime beyond a reasonable doubt, you will be subject to the penalties listed below:

  • Eight years imprisonment term in the state prison
  • Formal probation

If aggravating factors exist in your rape case, you will face an additional and consecutive term in prison. Aggravating factors are issues that make your offense severe in the eyes of the law, for example:

  • There was a significant bodily injury on the victim during the commission of this sexual act. If this aggravating factor exists in the context of your rape case, the court will order an additional and consecutive three years in prison for violating PC 261
  • The victim of this immoral act was a minor. If he/she were below fourteen years, your prison term would increase to thirteen years. However, if he/she were below eighteen years, your prison term would increase to eleven years.
  • You have a past conviction record for rape. Under the Three Strikes Law (PC 667), If it is your second rape charge conviction, you will be subject to twice the standard penalty for violating PC 261. However, a third "strike" or conviction for a rape charge will attract a prison term of 25 years to life in the state prison.

Other Negative Consequences You Could Face for a Rape Charge Conviction

Apart from the above possible penalties, a conviction for violating rape laws under PC 261 can also attract the following detrimental consequences:

Sex Offender Registration Duties

A conviction for a rape crime will also make you subject to registration duties as a sex offender after inclusion in the sex offender registry according to section 290 of the Penal Code. Rape falls under tier three offenses under this statute, which means you will register as a sex offender for life if you are guilty of this offense.

Inclusion in the sex offender registry can affect the quality of your life and freedom even after serving your sentence. Below are some of the repercussions of inclusion in the sex offender registry:

  • You have to notify particular officials whenever you change your address or residence, for example, community groups or the president of schools.
  • It is challenging to move to a new neighborhood because your new neighbors must approve your stay in the area or community.
  • It is challenging to secure a permanent employment
  • It is challenging to secure housing

Negative Immigration Repercussions for Non-citizens

Since rape counts as a crime involving moral turpitude (CIMT), a conviction of this crime will also attract negative immigration repercussions for non-citizens or aliens. A crime of moral turpitude is any criminal offense that involves dishonesty or behaviors that are shocking to a sober and reasonable person, for example, rape.

According to immigration law, a conviction for violating PC 261 qualifies as a CIMT, which means you could be subject to the following negative immigration repercussions:

  • Deportation
  • Inadmissibility after deportation, meaning you cannot re-enter the country or apply for a green card

Deportation to your home country after establishing healthy relationships, business, and family here can alter your life suddenly in a negative way. Hiring an aggressive and experienced criminal defense attorney is the best noble idea you could make following an arrest for a sex crime like rape to help you secure appealing results in this case.

Loss of Rights to Own or Possess a Firearm

If you are a legal firearm holder, a conviction for rape can negatively affect your gun ownership rights. Under the law, it is illegal for convicted felons to buy, possess, own or transport a firearm. That means, if you accomplished the rape offense using a gun to cause reasonable fear to the victim, the court would order law enforcement officers to seize it after a conviction.

Unless you obtain the governor's pardon, which is typically a challenging process, revocation of your gun rights is permanent for a felony offense like rape. A defense attorney should be your best friend to protect your gun rights and other constitutional rights for the best possible outcome during the prosecution process.

As you can see, consequences following a conviction for violating PC 261 will follow you even after serving your prison sentence. In addition, the rape victim can also file a civil suit against you for compensation of the following type of damages or losses:

  • Medical bills
  • Lost earning capacity
  • Lost wages
  • Psychological counseling
  • Anxiety, pain, and suffering

Therefore, you should consult an attorney as soon as you receive news about rape allegations against you to be on the safe side law even before the arrest. A defense attorney will give you the relevant legal advice on interacting with the accuser "victim" and law enforcement officers during these nervous times to avoid self-incrimination and protect your interests.

Defending a Rape Charge During Trial

Defending a rape charge should be tactical and well-planned to increase the chances of securing the best possible outcome during this case's trial. That is why it is critical to retain the services of an attorney early enough to investigate this case and prepare counteractive legal defenses while witnesses' memories are still fresh.

With the legal help of a skilled defense attorney, you can significantly increase the likelihood of fighting this detrimental criminal charge or reducing it to a less severe charge. Below are potential and applicable legal defenses your defense attorney can use during this offense's trial:

False Allegations/Accusations

Unfortunately, many people face wrongful convictions every year due to false allegations or accusations for a crime they didn't commit. False accusation is a prevalent issue in most sex crimes, especially rape. Lawmakers acknowledge that a person can bring false allegations against another for rape if he/she is motivated by any of the following:

  • Anger
  • Jealousy
  • Revenge

Since a statement with the police is all it takes for a prosecutor to file rape charges against you, your defense attorney can counter these charges using this defense tactic. Under the law, the court should drop your alleged rape case if the alleged rape charge is due to false accusations.

You Didn't Violate the Consent or Will of the Victim

Since one of the primary issues in a rape case is whether the victim had consent or not, this defense tactic may work out in your favor if you have an experienced and skilled attorney as your right-hand man during the trial.

The court will scrutinize evidence and circumstances surrounding this case to determine if the victim consented to the sexual intercourse. As long as the alleged victim wasn't incapable of consent, having consensual sexual intercourse with an adult (over 18) should not make you guilty of violating PC 261.

According to your attorney's counteractive evidence, the court may reduce or drop the alleged rape charge if the sexual intercourse with the victim was consensual.

Mistaken Identity

Mistaken identity is a viable defense strategy for countering rape allegations under PC 261. You might be subject to rape charges due to mistaken identity if the by any chance, the alleged victim of this offense could not identify the actual perpetrator due to intoxication or somehow you resemble him/her.

If the victim of this rape case cannot recall the events that lead to the alleged sexual act, the court would consider this defense viable.

No Sexual Intercourse

Remember, the prosecutor must prove beyond a reasonable doubt that you had sexual intercourse with the alleged victim for you to be guilty of violating PC 261. Therefore, it would be reasonable to argue that you didn't engage in sexual intercourse with the victim.

Since the definition of sexual intercourse under the law is precise, your defense attorney can raise a doubt on the prosecutor's evidence against you by arguing that:

  • Although you did particular acts with the victim
  • These acts didn't result in sexual intercourse

For instance, making out with a person or kissing without penetration cannot count as sexual intercourse under PC 261.

Insufficient Evidence

The prosecutor must have sufficient evidence, including video footage, medical tests, and eyewitnesses, to prove your guilt beyond a reasonable doubt during trial. Your attorney could apply this defense strategy if the prosecutor doesn't have medical evidence to prove that you had sexual intercourse with the alleged victim.

Lack of these crucial pieces of evidence in a rape charge will make the prosecutor's case against you weak. If that is the case, the judge or the jury can drop or reduce your alleged criminal rape charge to a less severe offense with less severe consequences.

Defending a rape charge requires an aggressive attorney who understands the repercussions you could be subject to if this case takes an unexpected turn during the trial. Here are factors to consider when searching for a defense attorney:

  • Experience and reputation
  • Qualification and accreditation
  • Location
  • Cost of services
  • Availability and accessibility

Offenses Related to Rape Under the Law

In most rape cases, if the prosecutor's evidence against you is weak, he/she may file any related sexual abuse charges against you, for example:

Statutory Rape

You commit the offense of statutory rape when you engage in unlawful sexual intercourse with a minor (under 18). According to PC 261.5, sexual intercourse with an under 18 is unlawful even if the alleged sexual acts were consensual. The crazy part about this statute is that you could be guilty of this statutory rape even if you are below 18 years of age.

Since statutory rape is a wobbler, the prosecutor has the authority to file this sexual abuse case as either a misdemeanor or a felony, depending on your criminal history and other facts surrounding the case. Misdemeanour statutory rape conviction will carry the following possible penalties:

  • A county jail term of one year
  • A maximum of $1,000
  • Misdemeanor probation

On the other hand, felony statutory rape conviction will attract more severe and harsher consequences, including:

  • Formal probation
  • A fine not exceeding $10,000
  • An incarceration term in the state prison for sixteen months, two or three years

However, if you were over 21 years and the alleged victim was below 16 years at the time of the offense, you would be subject to a prison term of two to four years for a felony statutory rape conviction.

Forcible Oral Copulation

As the name suggests, according to PC 288a, forcible oral copulation involves making non-consensual contact between your genitals or anus and another person's mouth, using force, threat, or coercion. Like rape, if the victim was incapable of consent due to a mental disorder or intoxication, you could still be subject to this charge and its punishments under the law.

Forcible oral copulation is punishable as a felony under PC 288a. A felony conviction for forcible oral copulation will make you subject to the following potential penalties:

  • Felony probation
  • Three, six, or eight years custody in the state prison
  • A fine amounting up to $10,000

Find a Chula Vista Criminal Defense Attorney Near Me

If you or a close family member is in custody for a rape charge under Penal 261 PC, you must speak to a defense attorney because his/her freedom and reputation are at risk. Profound attorneys at Chula Vista Criminal Attorney are ready to receive your call and examine your alleged rape case keenly to build the best defense tactics that can work out in your favor to achieve the best outcome.

Call us at 619-877-6894 to schedule an obligation-free and confidential consultation with our attorneys to begin preparing neutralizing defense tactics ahead of time.