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Penal Code 264 PC | Punishment for Rape
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Penal Code 264 PC | Punishment for Rape
Rape is a serious felony offense in California that carries severe penalties. Penal Code 264 PC sets forth the punishment for rape, which includes imprisonment in state prison for 3-13 years depending on the circumstances[1].
What is Rape Under California Law?
California law defines rape as nonconsensual sexual intercourse accomplished by force, threats, or other coercive means[2]. The legal definition includes:
- Penetration of the vagina or anus, no matter how slight
- Committed against the victim’s will
- Accomplished by force, threats, coercion, or taking advantage of the victim’s inability to consent
Spousal rape is also punishable under the same code section as rape. Rape of a spouse without their consent is just as serious as rape of a non-spouse[2].
Penalties for Rape Under Penal Code 264 PC
Rape convictions carry the following penalties[1]:
- Adult Rape: 3, 6, or 8 years in state prison
- Rape of a Minor Under 14: 9, 11, or 13 years in prison
- Rape of a Minor Over 14: 7, 9, or 11 years in prison
Additional prison time can be added if the victim suffers great bodily injury. Fines up to $70 may also be imposed[1].
Rape has other severe consequences as well:
- Lifetime sex offender registration[3]
- Immigration consequences like deportation[4]
- Loss of gun rights[5]
Common Defenses Against Rape Charges
There are viable legal defenses that can lead to reduced charges or dismissal of rape cases. Common defenses include[6]:
- Consent: The defendant reasonably believed the victim consented to sex. Consent is not a defense when the victim is a minor, disabled, or incapacitated.
- False accusations: The alleged victim is lying about the rape for reasons like revenge, embarrassment, or financial gain.
- Mistaken identity: The defendant was misidentified and did not actually commit the rape.
- Lack of evidence: There is insufficient evidence that a rape actually occurred. The burden is on prosecutors to prove every element.
An experienced criminal defense lawyer can evaluate the evidence and build the strongest defense to avoid a rape conviction.
Rape charges sometimes involve other serious sex offenses like:
- Statutory Rape (PC 261.5): Sexual intercourse with a minor under 18.
- Lewd Acts with a Child (PC 288): Sexual acts with a child under 14.
- Sexual Battery (PC 243.4): Nonconsensual touching of intimate parts of another person.
- Sodomy (PC 286): Oral or anal sex by force or with a person unable to consent.
These related charges can lead to additional prison time and penalties. Skilled defense lawyers fight to get charges reduced or dismissed through plea bargains or at trial.
Finding the Right Rape Defense Lawyer
- Choose a criminal defense lawyer, not a general practice attorney
- Select a lawyer with extensive experience defending rape charges
- Meet with several attorneys before deciding who to hire
- Ask about case results and past record of success
- Ensure you have a comfortable rapport and can trust the attorney
With an aggressive defense lawyer on your side, you can avoid the severe penalties of a rape conviction. Do not delay in seeking experienced legal help.