Folsom Rape Lawyer

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. Contact Walsh Law today at (916) 610-3558 for a free consultation.

How Does California Law Define Rape?

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:

• Violence – Actions with the intent to harm or kill
• Duress – Threatening someone with violence to coerce them into engaging in intercourse
• Menace – Any threat or act that shows an intention to inflict injury
• Force – Overcoming the will of the alleged victim
• Retaliation – Threatening to cause harm in the future

California’s Consent Laws

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:

• Unconscious Individuals – Anyone who is sleeping or otherwise unconscious of the nature of the act is incapable of providing consent.
• Drugged Individuals – Anyone who is clearly inebriated or impaired by drugs is unable to provide true consent.
• Mentally Impaired Individuals – This involves anyone suffering from a mental health condition or intellectual disability that prevents them from consenting to a sexual act.

Charges Related to Rape

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:

• Statutory Rape – California Penal Code § 261.5 makes it illegal to have sex with a minor, or someone under 18 years old.
• Criminal Threats – If you are accused of threatening to injure or kill someone while carrying out a rape offense, you could face charges for criminal threats, according to California Penal Code § 422.
• Stalking ­­­– California Penal Code § 646.9 states that it’s illegal to follow or willfully and maliciously harass another person. The alleged victim may accuse you of stalking them prior to the offense.
• Sexual Battery – According to California Penal Code § 243.4, sexual battery involves any person who touches an intimate part of another person while that person is restrained by the accused or an accomplice.
• Forcible Oral Copulation – California Penal Code § 287 states that forcible oral copulation involves copulating the mouth of one person with the sexual organ of another person.

Is Rape a Felony in Folsom, California?

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.

Collateral Consequences of Rape

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:

• Limited job opportunities
• Relinquished gun rights
• Deportation
• Registration as a sex offender for life
• Loss of custody of children

Defenses for Rape Charges in Folsom

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:

• You Were Falsely Accused – Whether an ex is trying to get a leg up in custody battles or someone wants to tarnish your good name, a rape lawyer can review the facts of your case and challenge the prosecution’s statements. We’ll identify the inaccuracies in your accuser’s story and cement your alibi stating where you were at the time of the alleged crime.
• The Alleged Victim Gave Consent – In some cases, we may be able to help you prove that the other party consented to sexual intercourse. We can gather evidence of text messages, phone calls, or video footage showing a communication exchange between you and the alleged victim.
• You Did Not Have Sexual Intercourse – For you to be charged with rape, you must engage in sexual intercourse with the alleged victim. Your attorney may argue that the acts committed against the alleged victim do satisfy the elements of rape.

Contact a Folsom Rape Lawyer Today

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) 610-3558.