Rape under California Penal Code § 261
According to Penal Code 261 PC, rape entails the nonconsensual act of engaging in sexual intercourse with another person through the use of force, threats, or deceit. Such reprehensible conduct constitutes a grave felony offense that carries a maximum penalty of 8 years of imprisonment, coupled with the requirement for lifetime registration as a sex offender.
The provisions of Section 261 of the Penal Code elucidate rape as a complex set of actions. This egregious offense encompasses sexual intercourse that is perpetrated without the explicit and voluntary agreement of the other person while they are in a state of incapacity due to mental illness, or incapacitation stemming from intoxication or unconsciousness. Additionally, it encompasses the use of force, violence, or coercion to effectuate the sexual act without the requisite consent of the other party.
The consequences of rape are outlined in California Penal Code 264, which provides that conviction under PC 261.for rape will result to confinement in state prison for a period of three, six or eight years. Depending in the facts of the case, the judge may impose felony probation instead of imprisonment.
When accused of rape charges, defendant may raise a number of legal defenses to challenge the claims. The more common type of defenses include: the act being consensual, no sexual relations has ever occurred, and/or the defendant was falsely accused.
“Rape” in Legal Context Explained
The prosecution bears the burden of proving guilt beyond reasonable doubt. In order to secure conviction, the prosecution must show the following:
- You engaged in sexual intercourse with another person,
- At the time, you were not married to the victim.
- The other person refused to consent to the sexual encounter, and
-
You completed the act by using any of the following means:
1. by means of force,
2. violence,
3. duress,
4. menace,
5. fear of bodily injury,
6. retribution, and/or
7. fraud
a. Means: Force, violence, etc.
In order for the offense to fall under PC 261, rape, the act of having sexual intercourse must be achieved through specific means, i.e., the prosecution has the burden to prove the presence force, threats, or fraud. Force
Violence is defined as behavior with the intent to injure or kill. A threat sufficient to coerce a person into having sex is referred to as duress. A threat, statement, or act indicating intent to injure someone is referred to as a menace.[ CALCRIM No. 1000 – Rape or Spousal Rape by Force, Fear, or Threats. Judicial Council of California Criminal Jury Instructions]. Fear necessitates that a person be truly and reasonably afraid.
Payback or revenge is a type of retribution[CALCRIM No. 1000 – Rape or Spousal Rape by Force, Fear, or Threats. Judicial Council of California Criminal Jury Instructions]
Lastly, Fraud is defined as the use of deception or trickery to persuade someone to have sex.[ People v. Morales (2013) 212 Cal.App.4th 583.]
b. “Sexual Intercourse” in Legal Context Explained
Crime under PC 261 necessarily involves sexual intercourse. However, the term should be understood as any penetration, however slight, of the penis by the vagina or genitalia [CALCRIM No. 1000. See also People v. Karsai (1982) 131 Cal.App.3d 224]. Moreover, It should be noted that ejaculation is not required for an act to be classified as sexual intercourse.
c. “Consent” in Legal Context Explained
Rape is characterized by the act not being consented to by the victim. Consent, as used in this statute, should be given freely, willingly, and that the victim understands the nature of the act.
It should be noted that while a person who initially agrees to an act of sexual intercourse, the person can change their mind while the act is in progress and refuse to consent while thereat.
Thus, in these type of situations, an act of intercourse is committed without consent if and only if the victim expresses no consent to you through words or actions which reasonable person would have deduced from the words or actions that there was no consent, and despite any objections, you forcibly continued the act of intercourse.
It should also be noted that it is not necessary for a person to resist or fight back physically in order to express a lack of consent.
d. Individuals who cannot legally give consent under PC 261
As a general rule, the prosecution is required to prove that the act of sexual intercourse was done absent the consent of the victim. In some cases, however, as those provided in PC 261, proving the following is equivalent to absence of consent
- the victim was too drunk to consent,
- a person suffering from a mental disorder who is unable to consent, and
- a person who is unconscious. [Penal Code 261 PC; see also People v. Dancy (2002) 102 Cal.App.4th 21; and, People v. Manning (2014) 226 Cal.App.4th 1133.]
Challenging Penal Code 261 Rape charges
To contest a rape charge, you must have a solid legal defense during trial. Under California state law, common type of defenses include: the act being consensual, no sexual relations has ever occurred, and/or the defendant was falsely accused.
When rape cases go to trial, the district attorney bears the burden of proving guilt beyond a reasonable doubt.
i. The victim consented to the act of sexual intercourse
If the alleged "victim" consented to sexual intercourse, you cannot be held guilty of rape. Furthermore, there is no crime of rape if you genuinely and reasonably believed that the other party agreed to the intercourse. [CALCRIM No. 1000. See also: People v. Castillo (1987) 193 Cal.App.3d 119; People v. Cardenas (1994) 21 Cal.App.4th 927; People v. Barnes (1986) 42 Cal.3d 284; People v. Dominguez (2006) 39 Cal.4th 1141; People v. May (1989) 213 Cal.App.3d 118.]
ii. no sexual relations has ever occurred between the accuser and the defendant
For the rape charge to prosper, it requires two parties to engage in "sexual intercourse." It should be recalled that under California law this phrase has a precise legal definition. This means that it can be raised as a defense to say that while defendant has committed acts against the accuser, such acts did not qualify as “sexual intercourse” within the legal definition.
iii. Falsely accused
There is sometimes inadequate proof because the purported victim made up the entire story or lied about not consenting to the action. In these situations, the prosecution frequently has little or no evidence to depend on. This is most especially true when the victim has an ill-motive of revenge or some other cause against the defendant. As a result, claiming that you were wrongfully accused of rape is can be used as a defense.
Rape is a Felony Offense
The age of the victim largely affects the penalties to imposed upon conviction for the crime of rape.
If the victim was 18 years old or older at the time of committing rape, potential penalties can be 3, 6, or 8 years of incarceration in California State Prison.
If the victim was 14 to 17 years old or older at the time of committing rape, potential penalties can be 9, 11, or 13 years of incarceration in California State Prison.
If the victim was 14 years old or older at the time of committing rape, potential penalties can be 7, 9, or 11 years of incarceration in California State Prison. [California Penal Code 261 PC. See also: People v. Harrison (1989) 48 Cal.3d 321; People v. Matute (2002) 103 Cal.App.4th 1437; People v. Jones (1990) 51 Cal.3d 294.]
As can be observed from the foregoing, the younger the victim is, the harsher penalty of imprisonment will be imposed. Moreover, statute provides that if the rape victim suffered serious bodily harm, the court will impose an additional 3 or 5 years in prison. [California Penal Code 261 PC. California Penal Code 12022.7 PC. California Penal Code 264 PC. California Penal Code 290 PC]
Also note that aside from imprisonment, conviction for rape will also entail lifetime registration as a sex offender.
Lastly, if the offender is an immigrant, rape conviction can result to deportation and marked as inadmissible on the ground that rape is classified as a crime involving moral turpitude (CIMT) under California law. [People v. Mazza, (1985) 175 Cal.App.3d 836]
Expungement of Rape Conviction Possible
If you are convicted of rape, you can only get your record expunged if you are sentenced to felony probation. Expungements are not permitted if you are sentenced to prison.
Civil Suits in Rape Cases
Even if the defendant is eventually exonerated and found not guilty of a rape accusation charges (such as when not all elements of the crime was proven beyond reasonable doubt), the victim can still restore to firing a civil action in order to collect compensation damages for things like essential medical expenditures, therapy, pain and suffering, mental anguish, and lost job income.
In circumstances where criminal charges were never filed, a civil action may be commenced. Civil lawsuits are regarded distinct from criminal charges and may proceed independently of them. If a civil case is brought for a claim of rape, a criminal conviction can be used to show civil culpability. Each instance is unique in its own way
The intricacies of the issues involved in the foregoing subject matter can lead to unfavorable results if you hire an attorney not sufficiently focused in this area of the law, or otherwise ill-equipped to represent you. Our firm has decades of experience successfully defending clients in cases that are identical to or similar to yours in the law. The earlier you contact us for your appointment with one of our attorneys, the more you'll be able to prevent the challenges and issues that could occur from choosing a lawyer at the last minute, right before your hearing, or when the deadline is approaching.