RAPE/SEXUAL ASSAULT

Rape & Sexual Assault Defense Lawyers/Attorneys Sacramento, CA

California Penal Code § 261 defines rape as an act of sexual intercourse against the will of the victim. It can occur under a broad range of circumstances. Generally when people think about rape, the first thing that comes to mind is rape by force. However, there are other less obvious situations that constitute rape.

Rape & Sexual Assault Defense Lawyers/Attorneys Sacramento, CAFor example, a man having sexual intercourse with a woman who is passed out is guilty of committing rape because she was incapable of consenting to sexual intercourse. Any of the situations defined below constitute rape:

  • The victim fears that she or he or another will be injured if the victim does not submit.
  • The victim is incapable of giving legal consent due to a mental disorder, developmental or physical disability, and this is known or reasonably should be known to the assailant.
  • The act is accomplished by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another person.
  • The assailant uses force, fear, or threats to accomplish sexual intercourse against the will of the spouse. (This provision of the law is known as the “spousal rape law.”)
  • The assailant uses physical force or the threat of force to over-power and control the victim.

The punishment and penalties that result from a California rape conviction includes three, six or eight years in California state prison. If the alleged victim is a minor, the minimum sentence is seven years and the maximum is 13 years in a California state prison.

Regrettably, rape is one of the crimes for which many innocent people get accused and convicted of. It is common for an accuser to falsely accuse an individual, or the victim may have mistakenly identified the accused (mistaken identity); It also the case that an individual had an honest or reasonable belief that the accuser consented to sexual intercourse.

In any case, if someone made an accusation against you, it is recommended that you consult with an experienced Sacramento sexual assault defense attorney at the Law Offices Of Wing & Parisi. We have more that 76 years of combined legal experience. Our experience provides us with the necessary skills and knowledge to prepare a thorough defense against your charge. We work hard to get our clients results. Call today and schedule a free consultation with a season criminal defense attorney at the Law Offices Of Wing & Parisi.

There’s no substitute for a strong Sacramento rape defense lawyer, call Wing & Parisi at (916) 441-4888.

Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.
Linda Parisi
Law Office of Wing & Parisi
Rape & Sexual Assault Defense Lawyers/Attorneys Sacramento, CA
917 G Street
Sacramento, CA 95814, USA
(916) 441-4888

The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout
Placer County and San Joaquin County. Hablamos espanol.