San Diego Rape Defense Attorney

What’s the difference between “rape” and “statutory rape"? Statutory rape is known by several terms: sexual assault, violation of a child, corruption of a minor, carnal knowledge of a minor, or unlawful carnal knowledge. Statutory rape is different from forcible rape because there’s a chance there was no overt force or violent threat involved. The law assumes that a child under the age of 18 or a mentally challenged adult is legally incapable of giving consent to the sexual act. Statutory rape is defined as sexual intercourse between an older person and someone below the legal age of 18 years (but above 14 years). Even if the underage individual consents, the charge of statutory rape can still be applied. Sexual relations with a younger child is referred to as child molestation and is typically treated as a more serious crime.

Statutory Rape Charges

The specifics of statutory rape charges: It’s the state’s job to prosecute cases but it’s often the parents of the victim who initially contact law enforcement officials. The following details can affect the severity of the charges for this offense:

• Age of victim
• Age of older party
• Difference in age between the two
• If both parties are under 18 years of age

When both parties are under 18: The age of the involved parties determines the severity of the charges. Both males and females can be equally prosecuted. In California, there is no exemption when both parties are under 18. As a result, one of the parties (and it’s often the male) can still be prosecuted for having consensual sex with another minor.

If you are facing statutory rape charges, seek legal representation and advice from the lawyers at our law firm. A conviction for any sex crime can greatly affect the rest of your life, so it’s best that you aggressively fight these charges in court to protect your future. The attorneys at the Law Office of Elliott Kanter fight tirelessly for each client regardless of whether the charge is a misdemeanor or felony. Our clients know they are working with attorneys who will do what it takes to achieve the best possible outcome for the case.

California's "Rape Shield" Law

Rape shield laws prohibit or limit the use of evidence of a victim’s past sexual history to undermine a victim’s credibility. These laws are intended to protect victims from invasions of privacy and to encourage them to come forward without having to fear that their sexual history will be used against them.

The California Rape Shield law is under California Evidence Code 1103 EC.  A defendant in a rape or similar case may not—under any circumstances—introduce evidence about the alleged victim’s past sexual conduct, or sexual reputation, in order to prove that s/he actually consented to the sex act

This portion of the rape shield law applies to the following crimes:

• Rape under California Penal Code 261 PC
• Spousal/marital rape under California Penal Code 262 PC
• “Rape in concert” under California Penal Code 264.1 PC
• California Penal Code 286 PC sodomy
• California Penal Code 288a PC oral copulation by force, and
• California Penal Code 289 PC forcible penetration with a foreign object.

Exceptions to the Rape Shield Law in San Diego

However, another section of the rape shield law provides that a defendant may be able to introduce evidence about the victim’s past sexual conduct in order to show that their testimony is not trustworthy.  But before doing so, the defendant must follow certain specified procedures—and get permission from the judge in the California criminal jury trial.

It can be very frightening if you or a loved one are accused of a sexual crime. But remember: just because you’re charged, you aren’t necessarily guilty. We’ll work with you to prove your innocence or have your charges dropped or reduced. Please call The Law Office of Elliott Kanter for a free consultation concerning this or any criminal matter. As an experienced San Diego criminal defense attorney, Mr. Kanter will guide you through the legal process and aggressively defend your rights.  We are here to help you.

Criminal Penalties for Rape

In the state of California, rape is a felony. If you are convicted of rape, some of the penalties you may face include:

• Up to eight years in prison, with an additional three to five added on to this sentence if the victim suffered great bodily harm during the crime. The prison sentence will also be increased if the victim was a minor at the time of the crime.
• A maximum fine of up to $10,000
• A strike on your record that will count against you under California’s three strikes law

Besides these penalties, you will also be required to register as a sex offender. To some people, this requirement is just as bad as the jail sentence because the label of “sex offender” will follow you around for the rest of your life. If you fail to register as a sex offender after a judge has ordered you to do so, you will face additional charges and penalties.

These penalties are nothing to take lightly. If you have been charged with rape, speak with experienced rape attorney Elliott Kanter as soon as possible to discuss your legal options. Call today for a free legal consultation.

Are You Facing Rape Charges?

What an experienced lawyer can do for you: It’s a scary experience to be arrested by the police and charged with statutory rape. But just because you’re charged doesn’t mean you’re guilty. Sometimes victims make false accusations and say they were raped when they’re jealous, angry, or vengeful – and the result is a high number of wrongly accused people.

Our attorneys have over 40 years of experience defending clients in criminal cases. Our attorneys’ criminal law practice areas include prostitution, probation, child pornography, theft crimes, indecent exposure, possession of drugs, sex crimes, domestic violence, juvenile offenses, white-collar crimes, assault and battery, elder abuse, embezzlement, DUI, fraud, and drug crimes. Rape defense lawyer Elliott Kanter will work with you to protect your good name. Depending on the circumstances, we’ll try to get the charges dropped or reduced. But the smartest thing you can do is not delay in contacting an experienced attorney for legal advice. Contact us by phone or fill out the form on this website. You can also send an email to ekanter@enkanter.com to schedule a consultation.