Sex Crimes

SEX CRIMES IN CALIFORNIA

Sex crimes are a real and serious problem that can have lasting and damaging effects on victims. It is important to acknowledge that anyone can be a victim of a sex crime, in any setting. Take intentional steps to create safe and respectful environments. This means making and telling people about clear policies, giving training on what sex crimes are, and how to stop them. People who are victims of sex crimes should also feel empowered to speak up and seek help. It is important to remember that you have the right to feel safe and respected and that there are options available if you are a victim of sex crimes.

Penal Code § 261 PC – “Rape” – California Laws & Penalties

Penal Code 261 PC defines rape as using pressure, threats, or fraud to have non-consensual sex intercourse with another person. A rape conviction is a felony punishable by up to eight years in prison and requires lifetime registration as an intercourse culprit.

Section 261 of the PC lists a sequence of acts that constitute rape. These include non-consensual sex with someone else while:

The other person is incapable of consenting because of a mental disorder.
The intercourse is done through the use of force, violence, or duress.
The other person cannot consent because of intoxication.
The other person is unconscious and therefore unable to give consent.

Aggression, Force, etc.

As stated in the fourth element above of nonconsensual, showing aggression and force, in order to be convicted under this provision, you must engage in sexual activity. Each of these phrases has a defined legal meaning.

Force is physical pressure that subdues someone’s will. However, threats that are sufficient to pressure someone into having sex are considered to be “duress,” “threats,” or “acts,” while “violence” refers to actions intended to harm or kill. Revenge is a type of retaliation or retribution. Fraud is the use of deceit or trickery to induce sex. Fear necessitates that a person truly and justifiably be terrified.

Sexual activity

“Sexual intercourse” as used in this statute can be defined as, any penetration in the genitalia or vagina by the penis or any other object. Regardless of how minor, it should be noted that ejaculation is not necessary for an act to qualify as sexual intercourse.

Consent:

According to these regulations, you are only in violation if the putative victim does not consent to having sex. To provide consent, a person must act voluntarily, freely, and with knowledge of what they are doing. Also, criminal charges may be filed if a victim originally agrees to a sexual act, but later changes their mind and withdraws their consent. If this occurs, an act of sexual contact occurs without permission.

Further Examples of Rape

Frightening someone into having sex by threatening to hurt one of their loved ones.
Having sex with a person who is mentally disabled and lacks the capacity to consent. .
Threatening to kill someone unless they have sex.

Defenses Against Rape Accusation

False accusations of rape are not unusual. You may additionally contest a rape charge with a defense. Common defenses encompass:

Consent.
No sexual intercourse.
Falsely accused.

Penalties

The consequences of rape in California are outlined in Penal Code 264 PC. A violation of 261 PC is a felony.

This is opposed to:

A misdemeanor or,
an infraction

The offense is punishable by:

Custody in a state prison for three, six, or eight years.
Felony (or formal) probation.

Types of Sex Crimes

The most common types of sex crimes charged in California are:

Statutory Rape

Statutory rape is a criminal offense that’s committed when an individual who’s older than 18 years of age has sex with a male or female who is below the legal age of 18 but is not an infant (usually older than 14 years). A man or woman may additionally commit statutory rape even if the other individual voluntarily agrees to have intercourse. A person can be charged with and convicted of statutory rape even if the person he or she had intercourse with refuses to cooperate with the authorities.

Lewd Conduct

The lewd behavior statute is written in a manner to cover a variety of sex interests that are executed in public. Lewd behavior consists of all intercourse in public, exposing one’s genitals in public, or masturbating in public. We have seen many people charged with lewd conduct for having sex or appearing in oral sex in public places, which includes public bathrooms and beaches. So, if you have been charged with lewd conduct, it is vital that you right away hire a skilled lewd conduct lawyer to start working on a solid defense plan to fight the lewd behavior you have been charged with. Grace Legal Group, Inc. has some incredible criminal defense attorneys in Los Angeles who are organized to guard you on the court docket. Lewd behavior charges are usually misdemeanors, which means there is a maximum punishment of no more than 1 year in prison. On some occasions, the prosecution may additionally require the man or woman to register as a sex offender, so hiring an experienced sex crimes legal professional is important to combat having to check in as a sex wrongdoer.

Individuals are frequently subjected to two types of lewd behavior:

Engaging in lewd behavior and,
soliciting another individual to engage in lewd behavior.

For the prosecution to convict a person of lewd conduct, it ought to prove the following elements:

The individual acted willfully (intentionally).
The character was present in a public location.
The character touched his own genitals or the genitals of some other person or the man or woman touched the woman’s breasts or buttocks.
The character had the cause to sexually please himself or every other person, or for the reason of offending every other character.

For the prosecution to convict an individual of soliciting lewd behavior, it should show the following elements;

Requested any other individual.
While he was in a public location.
To engage in the touching of genitals, breasts, or buttocks.
To sexually gratify himself or some other person.

How does California law define the crime of rape?

A prosecutor needs to prove the following factors of the crime with the purpose of convicting you of rape:

You engaged in sex with another man or woman
You were not married to the victim at the time,
The alternative person did not consent to the sex act, and

You completed the act by doing one of the following:

Via force,
violence,
duress,
menace,
worry about physical damage,
retribution,
f

Are there legal defenses?

You can raise protection to contest a rape charge.

Three defenses under California state law are:

Consent,
No sex act,
Falsely accused.

During rape trial appearances, the district attorney considers whether to prove guilt beyond a reasonable doubt.

Is 261 PC a felony?

Rape is a felony offense in California. The penalties depend on the victim’s age:

Age of Rape Victims	California Felony Penalties
18 years old and older	● 3, 6, or 8 years in California State Prison, and ● sex offender registration (for 20 years or life, depending on the case)
14 to 17 years old	● 9, 11, or 13 years in prison, and ● lifetime sex offender registration
Under 14 years old	● 7, 9, or 11 years in prison, and ● lifetime sex offender registration

The court will impose an additional 3 or 5 years in prison if the rape victim suffered great bodily injury.

The court may not impose probation instead of prison in rape cases if either:

You used force or violence.
The victim suffered severe bodily harm.

Will I be deported?

A rape conviction could have negative immigration effects.

California regulation says rape is a criminal offense regarding moral turpitude (CIMT).

If you are a non-citizen convicted of a CIMT, you will be:

Deported,
Marked as inadmissible.

Can a rape conviction be expunged?

If you are convicted of rape, you may only get an expungement if you are provided prison probation.

By regulation, expungements are prohibited if you accumulate prison time. This is against time in county jail.

This approach is:

An expungement for rape is not permitted if
The conviction results in a prison

The crime, even though, can be expunged if you get probation instead of prison.

Does a conviction affect gun rights?

A conviction below Penal Code 261 will adversely affect your gun rights.

California law says that:

Convicted felons,
Are not allowed to own or possess a gun.

Since rape is a prison offense, a conviction might strip away your gun rights.

Can a victim sue for rape?

In California, personal injury law allows sex assault victims to file lawsuits.

Rape victims can sue their rapists for the following damages:

Medical payments,
mental counseling,
lost wages,
misplaced income potential,
tension, insomnia, ache and suffering, and
punitive damages (in egregious instances).

Note that:

A victim can sue an attacker for damages for sexual assault,
even though the attacker was not convicted in a criminal trial.

Are there associated offenses?

There are five crimes associated with rape that involve sex acts and sex abuse. These are:

Statutory rape – PC 261.Five,
Sexual battery – PC 243.4,
Spousal rape – PC 262 (now repealed),
Forcible penetration with an foreign object – PC 289, and
Forcible oral copulation – PC 287.