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What are the Possible Defenses to Rape in California?

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Being charged with rape is a serious thing. Whether it’s statutory rape or forcible rape, you will be facing serious criminal charges. The problem is that, when it comes to rape, it can be almost impossible to prove or disprove. It really comes down to who the jury believes – the victim or the accused.

We’ve all seen the stories on the news. Fraternity brothers accused of rape after a night of partying. Or a teacher who’s arrested for the statutory rape of one of his students. Most people tend to believe the victim. Where there’s smoke there must be fire, right?

This is the reason why it can be so hard to defend these charges in California. You need to rely on an experienced criminal attorney in San Diego. He can review your case and help identify any possible defenses. Having a strong lawyer can mean the difference between guilt and acquittal.

A Criminal Attorney in San Diego Knows the Defenses to Rape

The rape statute in California is section 261 of the California Penal Code. In California, rape is defined as non-consensual sex by threats of fraud, force or threat of bodily harm. California also requires that the accused not be married to the victim.

In order to be convicted of the crime of rape, the State must prove that you did the following:

  • Sexual intercourse with the victim actually took place
  • You are not married to him or her
  • You used force, fraud or threats of bodily harm to get the victim to have sex with you

It’s possible that a person could accuse you of rape without all or any of the above being true. You may have had sex with someone but it was consensual. Or, maybe you didn’t have sex at all.

There are defenses to the crime of rape in California. Your criminal attorney in San Diego will work hard to prove that you are not guilty of the charges.

Your Criminal Attorney in San Diego Can Handle a False Accusation of Rape

The most common defense to the crime of rape is that it’s a false accusation. There are a lot of situations where this defense may be raised, including:

  • The sex was consensual and you didn’t force the victim to do anything
  • You didn’t have sex at all
  • You had sex but not on the occasion in question

The problem with rape is that it’s so hard to disprove. If someone says that you forced them to have sex, the only thing you can rely on is your word. Sure, there could be cases where your accuser admits that she made the story up – but this is rare.

Your attorney can use different types of evidence to help prove that the allegations against you are false:

  • Text messages or voice mails stating that the sex was consensual
  • Statements by witnesses who either were present at the time or spoke to the victim shortly thereafter the alleged rape
  • Admissions made by the accused
  • Facebook posts that prove the sex may have been consensual
  • Pictures or video (if available)

All of these things can go a long way toward proving that you are innocent.

A Criminal Attorney in San Diego Can Try to Prove that No Sex Took Place at All

The other common defense to rape is that no sex ever took place. In most rape cases where the accused is found guilty, there is physical proof of sex. The victim may have gone to the hospital after the rape and completed a rape kit. There could be DNA that proves you had sex with the victim. If this is the case, it’ll be very hard to argue that no sex took place.

It may be possible, however, to prove that the sex didn’t take place the way or day the victim claims. For example, you could’ve had sex in the morning and had an argument in the evening. The victim accuses you of rape as a way to punish you. It’ll be very hard to prove that you had sex earlier than she claimed.

Your criminal attorney in San Diego will have to put together a case to show you’re not guilty. This will involve a lot of circumstantial evidence. It will more than likely come down to a he-said, she-said situation.

Contact a Criminal Attorney in San Diego Today

If you’re accused of rape in California, you need to call a criminal attorney in San Diego. You’ll be facing serious charges and need help. You need an experienced attorney by your side. Call and schedule your initial consultation today. Speak with a skilled lawyer who knows how to defend you and get you justice.

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