Being arrested for rape related crimes is nothing to take lightly; they have serious consequences if convicted. In the event you have been arrested for such a crime in the Central Valley, you need to bail yourself out quickly with Ajua Bail Bonds. Today we would like to discuss the general rape laws in California.
California Penal Code 262
Without the consent of at least one of the participants rape laws criminalize sexual intercourse that occurs. The broader category of sexual assault, which includes such as groping and other unwanted sexual contact is what rape falls under as well. Described under California Law, in the event an individual has sexual intercourse with someone, the crime of rape may happen under the following scenarios:
1) Physical force, intimidation, duress, or threats were used by the defendant.
2) Due to fear of immediate bodily injury or injury to another person, the victim reacted.
3) Developmental delay, physical disability, intoxication or other inabilities to give consent by the victim.
4) The victim was unaware that sexual intercourse was occurring because they were unconscious, asleep, or otherwise unaware.
5) Fraudulent representation was induced by the defendant.
Statutory Rape in California
When an adult engages in sexual intercourse with a minor, 18 and younger in California, State law also defines if of the rape of minors. Depending on the age of the victim and the age difference between the defendant and the victim dictates the severity of the charges. The act itself may be enough for a prosecution when sexual intercourse happens between an adult and a minor, by law, as the minor is not able to provide lawful consent. Prosecutors, in these situations, do not show evidence the defendant used any threatening or violent or unlawful conduct that can sometimes describe rape between adults.
Penal Code 262 Punishment
California state laws punish a rape conviction, generally, with a sentence of state prison time or of 3, 6, or 8 years, the sentence can increase if:
– Rape victim is a minor over the age of 14 years (7-11 years in state prison.)
– Rape victim of a child under the age of 14 years (9-13 years in state prison.)
– Defendant acted with another person to rape a victim.
When an adult engages in sexual intercourse with a minor, California state laws also set fines from $2,000 to $25,000 as civil penalties. When less than three years separate the ages of the defendant and the victim, State law establishes an alternate punishment for rape. The prosecutor may pursue either a misdemeanor charge or a felony charge for this crime. Consequences can range from 1-3 years in county jail. The state also considers the defendants prior and current criminal records and details of the case when deciding on what sentencing to pursue.
Consent as a Defense to Rape
Consent is the most common defense to rape. The prosecutor may be unable to establish the elements of rape due to the other person’s consent or permission in the event the defendant can prove that sexual intercourse did not violate the victim’s will.
Bail Bond Services & More in Selma & Fresno County, Atwater & Merced, Visalia & Tulare, Hanford & Kings, Madera County and the Central Valley of California
Should you find that you were arrested for rape, whether you were guilty or not, call Ajua Bail Bonds to get bailed out quickly. You will want to get your defense started and your personal life in order before your trial. Contact us today.