Los Angeles Rape Defense Attorney

At El Dabe Ritter Trial Lawyers, our Los Angeles rape & date rape defense attorney is a compassionate, knowledgeable, and experienced advocate for clients. Sex crimes are incredibly serious. Every person is presumed innocent until proven guilty. If you or your loved one was arrested and charged with rape or date rape, we are here as a legal resource. Contact us at our Los Angeles law office today for a fully confidential, no-obligation initial consultation with a top California sex crimes defense lawyer.

Understanding Rape Charges and Penalties in California

Rape is a serious criminal offense. Under California law (California Penal Code § 261), rape is broadly defined as the use of threats, force, or fraud, to have non-consensual sexual intercourse with another person. Beyond that, a person may also be charged with rape if they take advantage of a person who is unconscious or otherwise incapable of providing their consent. Rape under California PC § 261 is a felony criminal offense. Here is an overview of the penalties:

• Victim 18 Years of Age or Older: 3, 6, or 8 years in prison and sex offender registration for 20 years to life.
• Victim Between 14 Years of Age and 17 Years of Age: 7, 9, or 11 years in prison and lifetime registration as a sex offender.

Understanding Date Rape Charges and Penalties in California

Broadly defined, date rape is a form of sexual assault where the victim and perpetrator have a social relationship or are on a date. It is important to emphasize that, from a legal perspective, California law does not distinguish date rape from other forms of rape. As such, allegations of date rape in California are still prosecuted under Penal Code § 261. It is a felony offense. If the victim is 18 years of age or older, a conviction for date rape carries criminal penalties of 3, 6, or 8 years in prison with the potential of 20 years to life registration as a sex offender.

An Overview of California’s Sex Offender Registration Requirements

California’s sex offender registration requirements are outlined in the California Penal Code § 290. State law mandates that all people convicted of certain sex crimes are legally required to register as sex offenders. Here is an overview of the key things to know about the system in California:

• Who Must Register: Individuals convicted of specific offenses, such as rape, child molestation, indecent exposure, and possession of child pornography, are required to register. A rape/date rape conviction will require sex offender registration.
• Time Frame for Registration: Convicted individuals must register within five working days of their release from custody, or when they establish residency in California if the conviction occurred in another jurisdiction.
• A Tiered System: California has a three-tiered system for registration, based on the seriousness of the crime. Tier 1 requires registration for a minimum of 10 years, Tier 2 for a minimum of 20 years, and Tier 3 requires lifetime registration.
• Serious Penalties for Non-Compliance: Failure to comply with registration requirements can result in felony charges, imprisonment, and fines. If you are facing a sex offender registration violation allegation, contact a criminal defense lawyer right away.

Three Categories of Defenses Against Rape/Date Rape Charges in California

You have the right to defend yourself against a rape charge or a date rape charge. A California criminal defense lawyer can review the specific circumstances of your case to help you determine the best course of action. Broadly speaking, rape/date rape defenses fit into three categories:

• It Did Not Happen: With this defense, the accused asserts that the alleged incident never actually occurred at all. In other words, the defendant asserts that there was no sexual intercourse. A defense attorney may present alibis, witness testimonies, or other evidence, such as text messages or surveillance footage, that contradicts the accuser’s account.
• It Was Not Me: Also known as a misidentification defense, this is utilized when the accused is charged with rape by a stranger. The defendant asserts that they were not the individual who committed the crime. DNA evidence, an alibi, or other forms of physical evidence may be presented.
• It Happened, But There Was Consent: In cases of date rape, the accused acknowledges that sexual activity took place but contends that it was consensual. The defense might rely on communications, witness testimonies, or behavior patterns to support the claim that the accuser gave consent.

Remember, the burden of proof always rests on the shoulders of the prosecution. A person is presumed innocent until proven guilty—even when they are facing a very serious crime, such as rape or date rape. If you have any specific concerns about the evidence in a case, an experienced Los Angeles sexual assault defense attorney will protect your rights.

How Our California Sex Crimes Defense Lawyers Can Help

Facing any type of sex-based criminal charge is stressful and frightening. At El Dabe Ritter Trial Lawyers, we are firmly committed to the principle that every person who is charged with a crime is presumed innocent until proven guilty. When you reach out to our Los Angeles law office, you will have a chance to connect with a California sex crimes defense attorney who can:

• Listen to your story, explain the charges, and answer questions about your case;
• Investigate the rape/date rape allegations—securing evidence to build a defense; and
• Develop a personalized strategy focused on protecting your rights and your future.

Contact Our Los Angeles Rape & Date Rape Defense Attorney Today

At El Dabe Ritter Trial Lawyers, our Los Angeles sex crimes defense lawyers have the skills and experience to defend rape charges and date rape charges. These are serious offenses and they must be handled with the highest degree of professionalism. Reach out to us by phone at (213) 985-1120 or contact us online to request a strictly confidential initial legal consultation. Our firm defends sex crimes charges in Los Angeles and throughout the wider region of Southern California.