Posted on February 3, 2019
Dana Point Rape Attorney
Have you been charged, arrested, or under investigation for rape in Dana Point? Retaining the right Dana Point Rape Attorney may be one of the most important decisions you make. California is known for having the most severe punishment for those standing convicted of a sex crime. Contact us today to speak with an experienced sex crimes defense lawyer. It is imperative that you do not speak with anyone from law enforcement unless you have consulted with an experienced attorney.
Overview of California Sex Crimes
If you are charged with a sex offense like rape in Dana Point or anywhere else in California, the social stigma and long-term effect can be especially damaging because the nightmare does not end when you are released or even if charges are completely dismissed. A conviction carries a life-time requirement to register as a sex offender with the police department limiting your ability to live an ordinarily life. Because Dana Point rape defense attorney John D. Rogers recognizes the negative stereotypes that attach to rape and other serious sex offenses, he tenaciously defends each client at the beginning pre-charge stages of the investigation through jury trial.
In California, there are several ways the prosecutor may allege rape charges. For instance, forcible rape is charged under Penal Code 261 pc making it a crime to use force or fear to effectuate intercourse with another. Another form is statutory rape under penal code 261.5 pc making it unlawful to have sexual intercourse with someone under the age of majority. Other forms of rape include rape by fraud, spousal rape, and rape by a mental disability.
Defending Rape Charges
While the specific defenses our office may employ in rape cases largely depends on the unique set of facts and circumstances in each case. Some defenses we have successfully employed include:
- Consent by the purported victim who was lawfully able to consent
- Improper motives for claiming rape – e.g., financial gain or revenge
- Contamination of the physical evidence – e.g., DNA
- Mis-identification factors and procedures – e.g., cross-racial identification, poor lighting, or stress of the event
- Incriminating admissions were unlawfully obtained by police
Contact an Experienced Dana Point Rape Attorney
Experienced Dana Point rape attorney John D. Rogers understands that a rape accusation can have lifelong consequences on one’s life and future. We are committed to protecting the reputation, freedom and lives of each of our clients. We provide free confidential consultations and we are happy to discuss your rights, defenses, and direction of the investigation to ensure that all avenues of the case are fully explored. We invite you to contact the Law Offices of John D. Rogers by giving us a call or e-mailing us to learn how we can help.
- Battery – Penal Code 242 PC
- Sexual Battery – Penal Code 243.4 PC
- Oral Copulation – Penal Code 287 PC
- Lewd Acts with a Minor – Penal Code 288(a) PC