Rape, Statutory and Date Rape

Rape Defense Lawyers

Defending People Charged in San Diego County

An accusation of rape, whether it is statutory, predatory, or so-called "date rape," can ruin a person's life. The state must have very good evidence that sex occurred and that it was not consensual. Often, however, this is not the case, and all they have is one person's word.

San Diego Criminal Defense can take your side when it seems like no one else will. We can use our more than 30 combined years of experience in criminal defense to fight for your freedom. Contact us for a free consultation, which, like all conversations with clients or possible clients, will be strictly confidential under attorney-client privilege.

Possible Consequences

Any rape charge must be taken very seriously. A conviction on a rape charge can result in:

• Imprisonment
• Sex offender registration
• Loss of the right to vote
• Loss of the right to possess deadly weapons
• Probation or parole
• Mandatory AIDS testing
• Court ordered rehabilitation
• Significant fines

There are many factors the influence whether a person charged with rape must suffer the above consequences. The most important, of course, are the facts of the case, which your defense lawyer should discover and present. Other factors include:

• Prior similar convictions
• Any other prior convictions
• Currently on probation or parole
• Attitude of community and court toward this type of crime
• Degree of media attention on case
• Mitigating/aggravating circumstance

Rape Defense

There are many possible defenses against a rape charge, including:

• That the sex was consensual
• That there is insufficient evidence
• That is a case of mistaken identity

When an adult alleges rape there are many reasons he or she may be lying. It is the job of a good rape defense attorney to thoroughly investigate every case and gather as many facts as are possible. Our lawyers do everything possible to help our clients, including:

• Early preparation, including legal research and defense identification
• Early investigation and identification of all facts helpful to defense
• Interviews with police to minimize or eliminate the case
• Interviews with the prosecutor to minimize or eliminate the case
• Interviewing all witnesses
• Reducing or eliminating bail requirements
• Providing emotional support to loved ones and keep informed
• In appropriate cases, negotiating alternatives to jail
• Getting an evaluation report from a court-approved psychologist (to show counseling may be a better alternative to jail)
• Coordinating a private lie detector test
• Getting appropriate motions to dismiss the case
• Getting appropriate motions to suppress evidence

Similarly, there are many things that a person accused of rape can do to help his or her own cause. We highly recommend gathering documentation of your good character, with reference letters, employment history, community service, etc. Keep a diary of all significant events and potential witnesses -- this information will help your attorney prepare the best possible defense.

Above all, exercise your right to remain silent and retain a qualified rape defense lawyer as soon as possible. Don't try to talk your way out of the charges, and DON'T investigate your own case. Police and prosecutors are tricky, and can easily turn your words and actions against you later.

California Rape Law

Statutory Rape: Statutory rape applies to cases that involve sex with anyone under 18, even if the person consented. Statutory rape charges are brought by the state, but are often pursued by the parents of the alleged victim.

Date Rape: Many rape cases involve what is known as "date rape," in which a couple gets together on purpose and has sex which one person later claims was not consensual. In California, it can be considered rape if the person was too drunk to give consent. However, in California law, there are no special provisions for date rape -- all kinds of rape charges are on the same footing, and will get the same sentences.

All rape charges fall under the following basic definition:

"Two persons engaged in the act of sexual intercourse; the act of intercourse was without the consent of the alleged victim; and the act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful injury to the alleged victim or another person."

Contact Us

At San Diego Criminal Defense, we have a comprehensive sex crime defense practice. Call 619.231.6577 or email us through our contact page for a free confidential consultation during weekdays, weekends or evenings. We have a 24-hour answering service ready to take your call.