Sacramento CA Criminal Defense Attorney Discusses Rape & Sexual Assault

Rape and Sexual Assault have been prevalent crimes in America since the country was created, but it was only in the 20th century that the crimes were given the law enforcement attention they deserved all along. Rape and sexual assault are violent crimes that leave victims with lasting emotional pain and fear. Our country’s sex crimes laws were written to protect victims and mitigate the lasting damage a sexual assault will have. This afforded protection will result in significant prison sentences and possibly life-long registration as a sex offender for anyone convicted of rape or sexual assault. If you or a loved one has been charged with rape, sexual assault, or any other sex crime, please call our Sacramento CA criminal defense attorney at Allaye Chan Law for free a consultation today.

What is Sexual Assault?

Two of the most common sex crimes charges are rape and sexual assault, and although many people mistake one for the other, they are two different charges that carry different penalties. The term sexual assault is used to define sexual contact or sexual behavior that occurs without consent of the victim.

Here are some examples of sexual assault to help you understand:

  • Fondling or unwanted sexual contact
  • Forcing a victim to perform sexual acts, including oral sex or penetration of the perpetrators body by the victim
  • Attempted rape
  • Penetration of the victim’s body, also known as rape

What is the Difference Between Rape and Sexual Assault?

As you can see above, rape is included in the examples of sexual assault. That is because rape is sexual assault, but not all sexual assault is rape. This may sound confusing, but it is relatively simple. The term rape is used, as a legal definition, to describe any sexual penetration of a victim, by the perpetrator, without the victim’s consent. The majority of time spent working a rape or sexual assault case will be spent attempting to prove consent, or if you are the prosecution, that consent was not given. When we think of consent, we think of words like “yes”, or “go ahead”, but these words do not always imply that consent has been given. Some individuals are not able to legally give consent – they may have a mental disorder, or they may be under the age of 18 (statutory rape). Consenting words can also be spoken by a victim who has been threatened with violence unless they consent to sexual activity.

California Law

An offender commits Rape by engaging in sexual intercourse with another person who is not the offender’s spouse under the following circumstances:

  • The victim is incapable of giving consent because of a mental disorder or developmental or physical disability and this is known or reasonably should be known
  • The offender engages in sexual intercourse against a victim’s will by means of force, violence, duress, menace or fear of immediate and unlawful bodily injury
  • The victim is unable to resist because of any intoxicating or anesthetic substance and the offender knew or reasonably should have known of the victim’s condition
  • The victim was unconscious of the nature of the act and the offender knew that the victim was unconscious of the nature of the act because the victim was unconscious or asleep, was not aware or cognizant the act occurred or was not aware or cognizant of the nature of the act because the offender fraudulently represented that the sexual penetration served a professional purpose when it did not
  • The victim submits under the belief that the offender is someone known to the victim other than the offender due to the offender’s artifice, pretense or concealment
  • The act is accomplished against the victim’s will and the offender threatens to retaliate in the future, by way of kidnapping, false imprisonment, the infliction of extreme pain or serious bodily injury, or causing death, against the victim or any other person
  • The act is accomplished against the victim’s will and the offender threatens to use the authority of a public official to incarcerate, arrest, or deport the victim or another.

Have You or a Loved One Been Charged with a Sex Crime?

If you have been charged with one of the crimes listed above and are found guilty, you will be required to register as a sex offender. This will follow you for the rest of your life and can make finding a place to work or live far more difficult. Our Sacramento CA criminal attorney will fight to build a convincing case, and will do all they can to ensure the best possible outcome. Call us today for a free consultation!

2001 H Street, 2nd Floor
Sacramento, CA 95811 US
Phone: (916) 446-4400
Sacramento CA Criminal Defense Attorney

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If you have been arrested and charged with a crime, contact criminal defense attorney Richard Chan for free consultation.

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