Laguna Beach police began their search for a man who was accused of
sexually assaulting a woman in her home on April 21, 2013. The man surrendered to police on May 17
th- last Friday. The alleged attacker is a 26-year-old man believed to be
from Orange County. After the sexual assault, the attacker fled the woman's
home and the woman then called police. The man fled from the scene on
his motorcycle and did not return to his home or place of business, which
caused police to presume that he was in hiding until last Friday. After
turning himself in, he was booked on the $100,000 warrant that was out
for his arrest.
Title 9 of the California Penal Code details crimes against the person,
specifically, sex crimes. Sexual assault can also be referred to as "rape."
The crime involves "intercourse accomplished with a person not the
spouse of the perpetrator…where a person is incapable of consent
or the act is accomplished against a person's will" according
to § 261 of the Penal Code. In order to defend against an allegation
such as this, a defense attorney would have to build a case on either
A) disproving that the defendant was the actual attacker, or B) proving
that the victim actually gave consent to the act.
If convicted, a person can face three, six or eight years in state prison.
According to § 263 of the codes, a person can be convicted for rape
primarily based on the feelings of victimization, even if there was only
slight penetration. Convicted rapists may also face fines and will be
required to comply with California sex offender registration.
The man is also alleged of entering the woman's home with the intention
of committing a felony (rape). Under California law, this could be charged as
burglary or trespassing per California Penal Code § 459 or § 602. Technically,
the verbiage of California's burglary statute is "entering someone
else's property with the intent to commit a felony." If the state
can prove that this man entered the woman's home with this intention,
then he could potentially be charged under this statute. If the man forced
his entry into the home, then he could be charged with trespassing, provided
that the victim did not give her consent.
With our knowledge of the California Penal Codes, The Law Office of Barney
B. Gibbs can aggressively and intelligently defend you against your sex
offense, trespassing offense or any other felony or misdemeanor crime. For a
free consultation regarding your case, please call us today!