Orange County Rape Sex Crime Lawyer

California Penal Code 261

Rape is defined by CPC 261 as act of forcible sexual intercourse with a person. It is a very serious charge. A charge of rape stands out among genuine lawful offense offenses that anyone can be accused of in California. It can lead to serious penalties and long incarceration. While the specific language under 261 PC requires that that the defendant is not married to the victim, rape can still be charged by spouse.

Most people believe that rape only involves physical force. Be that as it may, other, more subtle circumstances can prompt charges as well, such as having sexual intercourse with a victim that is passed out from alcohol or drugs or extorting sexual intercourse under color of authority.

There are also an array of sexual assault related statutes that can be charged against a defendant:

• 261.5 PC “Statutory Rape” or “Unlawful Sex with a Minor” applied when the defendant engages in sexual intercourse with a person under the age of eighteen.
• 262 PC “Spousal Rape” or “Marital Rape”, when a spouse uses physical force to have sexual intercourse.
• 266(c) PC “Oral Copulation by Force”, also includes sodomy.
• 289 PC “Forcible Penetration with a Foreign Object” with provisions if the victim is under the age of 14, or between 14 and 17; or an incompetent, intoxicated or unconscious victim.

The defendant faces extreme punishment, depending upon the facts of case, ranging from three to 13 years in prison.

Defense Strategy

All rape charges in California will be prosecuted to the fullest extent of the law. If you are charged with the crime of rape, we advise you not to give any statements either in person or over the telephone to the police, the victim or anyone else, other than your attorney. Personal and telephonic conversations can be recorded and used as evidence against a suspected individual.

If you are convicted of this type of charge, it can result in a requirement to register as a sex offender. This register is a public record, and can cause long-term damage to your personal as well as your professional life. Only an active and meaningful investigation by the defense will uncover mitigating circumstances that could significantly change the outcome.

Stull & Stull is led by Adam Stull, a former deputy district attorney. He has experience consulting with police officers and opposing counsel. He has spent considerable amount of time prosecuting misdemeanor and felony offenses involving a full range of charges. He can plan a defense and prepare your case in the best way possible, endeavoring to avoid sex offender registration, as well as other serious penalties, that can be imposed by the court.

If you are serious about obtaining a case dismissal or receiving a substantial reduction for your charges, then your next move is obtaining experienced and aggressive legal counsel that will provide you with the best possible outcome.

The Law Offices of Stull & Stull has more than 45 years of combined criminal trial experience in Orange County as well as Los Angeles, Riverside, San Bernardino, San Diego, Santa Barbara, Kern, Tulare, Fresno and Ventura counties. The Law Office of Stull & Stull is based in Laguna Hills, California.