Rape

If you have been arrested for or charged with rape, you are facing the possibility of some very serious consequences. Even if the charges are dropped, the stigma of being associated with this crime can follow you for years. In light of the severity of the crime and the notoriety of being linked to a rape, it is imperative that an individual charged with rape seek the legal counsel of attorneys with experience in this area of criminal defense. Paul Grech and Chad Firetag have the skills and experience to vigorously defend you against a rape charge.

The Legal Definition of Rape
California's Penal Code, section 261 defines rape as sexual intercourse against the will of the victim that can occur in a variety of circumstances, including when:

• The assailant uses physical force or the threat of force to overpower and control the victim
• The assailant uses force, fear, or threats to engage in sexual intercourse against the will of a spouse. This provision is known as the "spousal rape law"
• The assailant uses duress (such as a direct or implied threat of retribution or hardship) to coerce the victim
• The victim is prevented from resisting the assailant due to alcohol or drugs
• The victim fears injury to self or another if he/she does not submit
• The victim is at the time unconscious of the nature of the act, and this is known to the assailant
• The victim is incapable of giving legal consent due to a mental disorder or 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

Date Rape (or "Acquaintance Rape")
Date rape is generally defined as forcible sexual intercourse during a voluntary social engagement (e.g., a date) in which the woman did not intend to submit to the male's sexual advances and resisted them. The fact that the date was voluntary and the parties were acquainted is not a defense to this charge of rape.

Date rape is a sensitive area. Sometimes the victim has had consensual sex but alleges that she was raped. The complexity of such a case confirms the need for an excellent attorney experienced with date rape cases, such as the lawyers at Grech & Firetag.

Statutory Rape
Statutory rape is defined as sexual intercourse with a female below the legal age of consent (in California, 18 years) but above the age of a child (up to 13 years old). Even if the female who meets this criterion knowingly and willingly consented to sexual intercourse, charges can still be filed against an adult who perpetrated the intercourse. A misdemeanor or a felony can be charged for statutory rape.

The Penalties for Rape
In California, the typical punishment for a rape perpetrated by physical violence or threat of force is a prison term of up to eight years. Registration as a sex offender will also be required.

If you've been arrested for or charged with rape, whether forcible rape, statutory rape, spousal rape, date rape or another rape charge, don't hesitate to contact the Law Offices of Grech & Firetag to begin planning your legal defense.