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California Penal Code Section 261 PC: Rape
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California Penal Code Section 261 PC: Rape
Rape is a really serious crime in California. It’s defined in California Penal Code Section 261 PC as using force, threats, or lies to make someone have sex when they don’t want to.
Rape is a felony, which is the most serious type of crime. It can be punished with years in prison and having to register as a sex offender.
What Makes Something Rape?
For something to count as rape under the law, it has to meet these conditions:
- Sexual intercourse happened between two people
- One person didn’t consent to the intercourse
- The other person made them have intercourse anyway through force, threats, or lies
- The two people aren’t married to each other
“Sexual intercourse” includes vaginal, oral, and anal sex. It also includes penetration with a foreign object like a finger. The law says it’s only rape if the people aren’t married. But spouses can still be charged with other crimes like sexual battery.
Types of Rape
There are a few different circumstances that can count as rape under California law:
Rape by Force
This is probably what most people think of when they hear “rape.” It’s using physical force to make someone have sex without their permission. Hitting, holding someone down, or using a weapon to threaten them are examples.
Rape by Threats
You don’t have to actually use physical force for it to be considered rape. Just threatening someone to make them afraid enough to give in can count. Like threatening to hurt or kill someone if they don’t have sex.
Rape by Fraud
If someone lies or tricks someone else to get them to have sex, that can be rape too. An example is a doctor telling a patient they need to have sex as “treatment.”
Rape of a Disabled Person
It’s rape if someone has sex with a person who has a mental or physical disability that prevents them from legally being able to consent.
Statutory Rape
This is when an adult has sex with a minor. Minors under 18 can’t legally consent, so it’s automatically considered rape under the law.
Punishments for Rape
Rape is a felony sex offense. If convicted, punishments can include:
- 3, 6, or 8 years in state prison
- Having to register as a sex offender
- More prison time if the victim was under 18 or injured
Rape convictions can’t be expunged from someone’s record unless they only got probation as punishment (no prison time).
Defenses Against Rape Charges
There are a few legal defenses that could get rape charges dropped or reduced:
- Consent: The defendant reasonably believed the other person consented
- Mistaken identity: The defendant says they’re not the person who committed the rape
- False accusations: The alleged victim is lying about being raped for some reason
An experienced criminal defense lawyer can look at the evidence and determine if any defenses apply in a particular case.
There are other sex crimes in California law that are related to rape:
- Sexual battery – Unwanted touching of intimate body parts
- Oral copulation by force – Forced oral sex
- Sexual penetration with a foreign object – Using an object to penetrate without consent
- Statutory rape – Sex between an adult and a minor
These offenses have similar definitions and punishments to rape under Penal Code 261 PC.
Conclusion
Being charged with rape can change your life forever, even if you’re found not guilty. Fighting the charges with an experienced sex crimes lawyer is critical.
Rape accusations should always be taken seriously. But people accused of rape also deserve a fair shot at defending themselves.