Rape & Date Rape Charges in Irvine, CA

Our California Sex Crimes Attorneys Can Aggressively Defend You

Rape is a serious crime that can lead to devastating consequences for both the victim and the alleged perpetrator. In California, this crime also includes “date rape.” Rape and date rape are defined and punished identically, regardless of whether the parties were strangers or were in a relationship prior to the incident. If you have been accused of rape or date rape, you need to speak to a skilled attorney about your legal rights as soon as possible. Talking to the police or communicating with the alleged victim before hiring a representation can be a huge mistake. The experienced Irvine sex crimes lawyers at the Law Firm of Pilchman & Kay, P.L.C. can help you understand the charges against you and craft an effective defense strategy.

Schedule a free, confidential consultation when you contact our firm at (949) 558-0042.

Definition of Rape in California

Under California Penal Code § 261 et seq., rape is an act of sexual intercourse that happens under several defined situations.

Some common examples include situations in which:

  • The alleged victim is incapable of giving consent due to a mental, developmental, or physical disability.
  • The act is against the alleged victim’s will and is accomplished by force, violence, duress, menace, or fear of bodily injury.
  • The alleged victim is prevented from resisting due to an intoxicating or anesthetic substance.
  • The alleged victim is unconscious or asleep at the time of the act.

California law also punishes the crime of unlawful sexual intercourse with a minor, sometimes known as “statutory rape,” even if the alleged victim of the crime consented to the sexual act. Generally, there must have been at least minimal penetration in order for a defendant to be convicted of rape.

Penalties for Rape & Date Rape Charges

The crime of rape is usually punishable by imprisonment of at least three years and possibly up to eight years in some cases. However, if the victim of the crime is a minor under the age of 14, the period of imprisonment can be long as 13 or 14 years. In addition, a person convicted of rape or date rape will be subject to criminal fines and registration on the sex offender registry, which can undermine the defendant’s reputation and negatively affect his or her career, family life, and social interactions for many years to come. A statutory rape conviction may be either a misdemeanor (jail time of less than a year) or a felony (imprisonment for more than a year), depending on the ages of the victim and the perpetrator.

Fighting Prosecution for Rape or Date Rape

Generally, consent is a defense to rape or date rape except in cases of statutory rape, since minors lack the legal capacity to give consent. Under California law, “consent” means that there was positive cooperation in the act or an attitude pursuant to an act of free will. In other words, if the alleged victim acted freely and voluntarily, showing that he or she knew the nature of the act, consent may be said to have occurred. Notably, the California Penal Code explicitly states that a current or previous dating or marital relationship is not by itself sufficient to constitute consent. Nor is evidence that the alleged victim requested that the alleged perpetrator use a birth control device sufficient to show consent.

Consult a Knowledgeable Sex Crimes Lawyer in Orange County

At the Law Firm of Pilchman & Kay, P.L.C., we understand that there are two sides to every story and many accusations of rape or date rape prove to be unfounded. As assertive and compassionate Irvine sex crimes attorneys, we help defendants work toward an acquittal or a reduction in charges by carefully investigating each case and formulating a persuasive defense.

For a free consultation, call us at (949) 558-0042 or contact us online. Our firm can assist clients across Orange County and the surrounding areas.

A Winning Combination of Legal Abilities

  • We are backed by over 30 years of experience.
  • We have handled thousands of criminal defense cases.
  • We are fully certified by the State Bar of California.
  • We have repeatedly resolved cases during pre-trial.
  • We are backed by a professional background in prosecution and medical board defense.

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