Newport Beach Rape Defense Attorney

June 5, 2018

Have you been charged or under investigation for rape, or other high-level sex crime in Newport Beach? If so, contact an experienced Newport Beach rape defense attorney at the Law Offices of John D. Rogers. Retaining the right attorney can be one of the most important decisions you make. Call us today at (949) 625-4487 or e-mail us for a prompt reply. Rape allegations are extremely serious and time sensitive which is why seeking the right lawyer is a number one priority.

Overview of California Rape Charges

In California, rape is charged under penal code 261 pc making it a crime to engage in sexual intercourse without a woman’s consent. There are several forms of rape allegations that the prosecutor may charge. For instance rape by force or threat, fraud, statutory rape, spousal rape, or rape by intoxication. A conviction for rape carries a sentence of up to 8 years in prison. Additionally, if your accuser was a minor at the time, then you’re exposure carries up to 13 years in prison. Among the severe consequences is the lifetime requirement to register as a sex offender.

Defending Rape Charges in Newport Beach

  • Consent: In many rape cases, consent of your accuser is an absolute defense. To succeed on this defense, it may be shown that the woman freely, intelligently, and voluntarily knew the nature and extent of the sexual act.
  • Mistaken Identity: Without physical evidence, the evidence is ordinarily based on the accuser alone. This is especially concerning when there is no corroborating evidence to support the accuser’s claim. Several factors exist to help expose mistaken identification – e.g., cross-racial identification, poor lighting, or other influences that could contaminate your accuser’s memory.
  • False Accusations: All too often do allegations come forward where your accuser has “buyer’s remorse” and file false claims. Because of the low standard to merely file rape allegations, it is not uncommon for individuals to leverage the justice system against the accused. The motivation to file false claims can be endless – e.g., financial gain, child custody, or even revenge for ending a relationship with an affair.

Contact an Experienced Newport Beach Rape Defense Attorney

With life changing consequences, like those which result from a rape conviction, California has many scenarios and safeguards to avoid a wrongful conviction. Our office prides itself in being comprised with highly experienced Newport Beach criminal defense attorneys. We are up to date with the latest sex crime nuances and we fight to ensure that your rights are protected. Contact us for a free and confidential consultation by giving us a call or submitting a contact request through our website.

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