Defending a California Penal Code 261: Rape
California Penal Code 261, or rape, is defined as the forced act of sexual intercourse. There are many variables that fall under this penal code as well, including forced intercourse with a foreign object, forced oral copulation, statutory rape and date rape. Being accused of Penal Code 261 is frightening, and it’s important to contact criminal lawyers, Orange County or otherwise, as soon as you have been accused.
Defending Penal Code 261
When an individual has been accused of rape, the first thing an attorney will do is go over the details of what happened, getting the details from his or her client while they are still fresh in the mind. There are many different defenses and the attorney will use those details to strategize a defense that conveys the client’s innocence. Some of the most common defenses include:
Unfortunately, many rapes occur at night and in conditions where it is difficult for the victim to actually see his or her attacker. Many different things can affect a victim’s ability to correctly identify an attacker, such as low light, prejudice in photo or police officer line-ups, face coverings, poor vision and many other things. Many individuals have been released from custody after having been proven innocent through DNA evidence of rape crimes they were convicted of. This is one reason why contacting an attorney right away is so important
As with other crimes, rape is often claimed by ‘victims’ out of jealousy, rage, or other reasons as a means to ‘get back’ at the accused. This is unfortunate, but it happens all the time. If this is the case, an attorney will compile evidence which points to this fact and will convey this to the judge and jury. Things that will be considered are other rape allegations from the same ‘victim’ pointing at other individuals, the circumstances surrounding the case, etc.
If the alleged victim gave his or her consent to the sexual intercourse, the accused is not guilty of rape. Many times, a victim will claim that he or she gave their consent at the beginning but then changed their mind. However, if the victim did not clearly communicate that they no longer wanted to participate in the sexual act, the accused is still not guilty of rape since he or she did not know the victim had changed their mind.
When an individual is accused of rape, his or her future is often on the line. If the case is in Orange County, where I practice, it’s important to take that seriously and contact a capable orange county criminal defense attorney who also understands the gravity of the situation and will fight to ensure his or her client’s rights.