The Law Office of Albert Perez Jr has extensive experience with complex and serious cases. Any sexual intercourse that occurs without mutual consent is defined as rape. This is true whether the defendant had a prior relationship with the alleged victim or not. When you are facing these types of charges, you need serious representation.
In California, rape falls under the broader banner of sexual assault. The most criminally egregious forms of rape are characterized by violence or intimidation, but most rape charges do not involve an act of force. As such, California specifically prohibits sexual intercourse in any context where legal consent cannot be granted.
Sex in any of the following circumstances can be considered rape:
- Sex with someone whose mental or physical disabilities prevent them from giving consent
- Sex with someone who is intoxicated by drugs or alcohol
- Sex with someone who is unconscious or asleep
- Sex with someone who initially gave consent but then withdrew it
- Sex with someone who is under the age of 18
Individuals who are convicted of rape in California are generally sentenced to 3, 6, or 8 years in prison. If the victim was a minor aged 15-17, the maximum sentence increases to 11 years. For victims who are 14 or younger, the maximum sentence goes up to 13 years. If multiple parties were involved in carrying out the rape, the length of sentencing can increase further. Accompanying fines can range from $2,000 to $25,000