It is illegal to force another person to have sex or perform sexual acts against their will.
In California, rape is defined as forcing another person to have sexual intercourse or perform sex act against their will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
Rape can also occur when a person is incapable or unable to give legal consent, such as a person with mental disorder, physical disorder or a person who is intoxicated, unconscious or asleep.
In California, statutory rape is defined as an act of sexual intercourse by another who is not the spouse of a person younger than 18 years old.
If a person engages in sex with a minor less than three years younger than them, they could be charged with a misdemeanor.
Rape of a person who is the spouse of the perpetrator can be charged when it occurs against the person's will, where the victim is intoxicated by drug or alcohol or when the victim is asleep.
If convicted of rape, a person may face up to eight years in a California prison. The sentence may be longer however depending on the specific circumstances of the case.
Trust us to fight on your behalf. Campbell & Jayne LLP are experienced professionals who want to represent you. We are San Francisco's premier criminal defense firm committed to providing each client with personalized and outstanding representation. We have experience representing clients both in California courts and federal court.
As former prosecutors, we bring extensive trial experience and a unique insight into the courtroom. Our backgrounds give our clients a great advantage as we work to strategize his or her defense.
We represent individuals in all criminal cases in the Bay Area including San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, Santa Cruz, Marin, Sonoma, Napa and Solano counties. If you are being investigated for or have been charged with rape, contact us today to represent you.
Related Links :
Rape, Abuse & Incest National Network
AWARE
R.A.D. Systems
California Penal Code
Definitions of Sexual Abuse
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