Roseline D. Feral

Rape and Date Rape

Sex Crime Attorney Protecting the Rights of San Diego Defendants

Being accused of rape or any other sex offense is never something that a defendant should take lightly. If you have been charged with rape or even if you are potentially suspected of rape, you need to contact a San Diego rape defense lawyer without delay. These are extremely serious charges that may have repercussions for the rest of your life. At the Law Offices of Roseline D. Feral, we firmly believe that people are innocent unless proven guilty. Sex crime lawyer Roseline D. Feral can provide you with a vigorous defense to help you try to avert the life-changing consequences of a rape or date rape conviction.

Fighting Charges of Rape or Date Rape

Rape is prosecuted under California Penal Code 261. Under California law, it is defined as non-consensual sexual intercourse, meaning that there was sexual penetration without the consent of one party. It may involve force, violence, duress, menace, fear, or fraud. Other common circumstances in which a defendant may be charged with rape include:

  • Engaging in sexual intercourse with a person who is inebriated and unable to consent;
  • Engaging in sexual intercourse with a person who was unconscious; or
  • Engaging in sexual intercourse with someone who suffers from a mental disorder or disability that prevents them from being able to consent.

The type of rape charge that may be brought will depend on the age of the victim and whether or not the perpetrator and the victim are related. Three key types of rape are spousal rape, statutory rape, and date rape. Spousal rape occurs when there is sexual intercourse between spouses without the consent of one spouse. Statutory rape generally takes place when a defendant has consensual sex with a person under the age of 18. Date rape occurs when there is forcible or non-consensual sexual intercourse between two people who know each other, such as a friend, an acquaintance, or a dating partner. These cases sometimes involve the perpetrator drugging the victim to be able to commit the rape. Any of these crimes must be proved beyond a reasonable doubt, just like any other charge. A rape defense attorney can help San Diego residents protect their rights in this situation.

The crime of rape is a felony in California and carries serious penalties, such as several years in prison, formal probation, a fine of up to $10,000, registration as a sex offender, and a possible “strike” under California’s three strike laws. The prison sentence typically increases if the victim was under age. Facing rape charges thus may be daunting, but you should know that there are many potential defenses to this charge. Some of these defenses include showing that the accuser fabricated the accusation, the defendant was mistaken for someone else, or the defendant had an honest and reasonable belief that the victim consented to the sexual intercourse. This may happen, for example, if the accuser initially consented but later changed their mind and did not communicate the withdrawal of consent.

Making a consent defense sometimes requires introducing evidence of the accuser’s sexual history, which is a sensitive matter that an experienced attorney should handle. It may be used as a defense only when the accuser was an adult capable of giving intelligent consent.

Discuss a Rape Charge with a San Diego Lawyer

If you have been accused of rape, you need to contact a skilled criminal defense attorney as soon as possible. These types of charges may ruin your life, including your personal and professional reputation. An experienced San Diego rape defense attorney can help you understand your rights and protect those rights at every step of the way. Roseline D. Feral also serves people in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To speak to us about your case at no charge, contact us online or call our office at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191.