A rape allegation is among the most serious charges a person can face in California, carrying the potential for years in state prison, mandatory sex offender registration, and consequences that follow you for the rest of your life. If you have been arrested or are under investigation for rape in Orange County or anywhere in Southern California, you need immediate, experienced legal representation. Attorney David A. Stein has a proven record of defending clients against serious sex offense allegations.
How Rape Is Defined Under California Law
California Penal Code Section 261 defines rape as an act of sexual intercourse accomplished under circumstances including, but not limited to:
- Force, violence, duress, menace, or fear of immediate bodily injury
- The victim being incapable of giving legal consent due to a mental disorder or physical disability
- The victim being intoxicated to the point of being unable to resist
- The victim being unconscious of the nature of the act
- Fraud that led the victim to believe the act was for a professional or medical purpose
The prosecution must prove each element of the charge beyond a reasonable doubt, and the specific circumstances alleged can significantly affect both the strategy for defense and the potential penalties.
Penalties for Rape in California
A conviction under Penal Code Section 261 is a felony punishable by three, six, or eight years in state prison. Sentencing can be substantially increased by aggravating factors, including:
- Use of a weapon during the offense
- Kidnapping in connection with the offense
- Infliction of great bodily injury
- Involvement of multiple victims or multiple perpetrators acting together
Rape is classified as a serious and violent felony under California’s Three Strikes law, meaning a conviction becomes part of a person’s permanent strike record. A conviction also triggers mandatory, lifetime sex offender registration under Penal Code Section 290.
Building Your Defense
Rape cases often hinge on the credibility of witnesses, the reliability of forensic evidence, and whether the prosecution can establish every required element beyond a reasonable doubt. Attorney David A. Stein will conduct a thorough investigation into issues including:
- Whether the alleged conduct meets the legal definition of the charge as filed
- Whether the accuser’s account is consistent and corroborated by the evidence
- Whether forensic and DNA evidence was properly collected, preserved, and tested
- Whether law enforcement conducted the investigation, interviews, and any searches in a constitutionally valid manner
- Whether mistaken identity or a false accusation may be at issue
These cases demand an attorney who will investigate aggressively, challenge the prosecution’s evidence at every stage, and protect your rights from the moment you retain counsel.
Call (949) 528-8057 today to speak with David A. Stein.