Penal Code 261.5 PC
Strict Liability Crime
Statutory Rape is a strict liability crime which means that the intent to commit the crime is not necessary. You can be convicted without intent or knowledge of the individual’s age.
Example: Ron and Karen meet at a club. Karen shows Ron her ID which is a fake ID. Ron believes it is real and believes she is over 18 years old. They later have sex. Karen is actually 14. Even though Ron thought Karen was of legal age, this is NOT a defense to Statutory Rape.
Penal Code 261 PC
Consent is a defense to rape.
Example: If Ron and Karen consent to have sex then no rape occurs. If Ron forcefully has sex with Karen and Karen does not say anything, Ron can still be charged with rape. A lack of consent is not considered consent.
Often in Rape cases it is dark, alcohol is involved, or an individual will be wearing a mask. This often causes the risk of misidentification.
Mistake can be a defense to rape when one does not understand if the other consented or not. Sometimes there are mixed signals between the two parties where consent may or may not have been given.
The law office of Bradley Corbett won a rape case in 2011 where the client was facing over 50 years in prison. If you are accused of this crime make sure you go to someone with experience who knows how to win.
Rape is a charge that has severe penalties that, if incorrectly defended, can last a lifetime. Don’t let these serious charges affect you and your family’s life. Seek the help of the experience criminal defense attorneys at the Law Offices of Bradley R. Corbett. Our team will help build your defense and work to provide the best result possible.
California Law broadly defines rape as a “nonconsensual intercourse through the use of threat, force, or fraud.” There are additional variations of rape laws in California including:
- Statutory Rape
- Date Rape
- Spousal Rape
- Oral Copulation by Force
Rape is further defined as a sexual act or intercourse with another person against their will or without their consent through the use of:
- Fear of Harm
- Fear of Retaliation
One can also be convicted of rape if the alleged victim was too intoxicated to consent, unable to give consent due to a mental disability, or if the victim was unconscious.
Because of the immensely sensitive and long lasting nature of a rape charge and its ramifications, it is essential to have proper legal representation from the beginning. Having a skilled San Diego rape defense lawyer will help you avoid the severe penalties that include formal probation, prison time, and/or a fine of up to $10,000.
Statutory rape is the engagement of sexual intercourse with a person under the age of 18, also known as unlawful sex with a minor. This is a complex law that includes extenuating circumstances that determine the level of penalty. For instance, if you are no more than 3 years older than the alleged victim, the crime is considered a misdemeanor. If you are more than three years older than the victim or you are 21 or older and the victim is under 16, you can be faced with either a misdemeanor or a felony. Penalties can range from probation and a $1,000 fine to 1-4 years in prison and a $10,000 fine.
The criminal defense lawyers at the Law Offices of Bradley R. Corbett are familiar with the effective defense of statutory rape. We can provide the legal defense that helps you maintain your peace of mind. We know that there is potential for civil penalties in a statutory rape case that can range in penalties from $2,000-$25,000 depending on the difference in age between the parties involved. We work to provide you the best result possible. Call or visit for a free consultation today.