Anaheim Rape Defense Attorney

Were you arrested for sexual battery in Orange County, CA?

Sexual battery is an unlawful, attempted sexual action, while rape is a completed attempt at an illegal sexual act. The two terms are often used interchangeably but they are not always the same. According to the California Penal Code § 240, "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." An assault, when it is sexual in nature, is defined in subsection 4 of § 243 of the California Penal Code as sexual battery.

According to § 243.3, anyone who touches an intimate part of another person for the purpose of sexual gratification, while they are unlawfully and unwillingly restrained, could be charged with sexual battery. This crime is punishable by up to one year in county jail and $2,000 in fines or two, three or four years in state prison and $10,000 in fines – depending on the severity of the charge. The penalties are serious, and so is the stigma surrounding those who allegedly committed these crimes.

If you are under investigation or have been arrested for a sex crime such as rape or sexual assault, please do not hesitate to call our Anaheim defense attorney.

What constitutes rape in California?

California Penal Code § 261 details the crime of rape. In summary, rape "is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances," and then goes on to list seven distinct scenarios that could constitute a charge of rape.

Some of the scenarios that would constitute rape include:

  1. Having sex with someone who is incapable of giving legal consent because of a mental disorder
  2. Having sex with someone against their will by means of force or violence
  3. Using drugs or alcohol to prevent resistance and having sex with the anesthetized person
  4. Having sex with someone who is unconscious of the nature of the act
  5. Having sex with someone by means of fraud, disguising oneself as the spouse of the victim
  6. Having sex with someone under threat of future retaliation
  7. Having sex with someone by means of threatening their position of authority (i.e. An employer forcing an employee to have sex with them so that the employee can keep their job)

Possible Defenses to Your Rape Charge

If you have been charged with rape in Orange County, you may be thinking that all hope is lost. In most cases of an alleged sex crime, like rape, it will be the victim's word against yours. However, it is important to understand that a strong legal defense could mean the difference between years in prison and your freedom. For this reason, we encourage you to seek counsel from an experienced criminal lawyer at The Law Office of Barney B. Gibbs as soon as you have been arrested. The sooner you act, the sooner we can get started on building an effective defense against your charges.

A few of the possible defenses that could be utilized on your behalf include:

  • You were falsely accused of rape by the victim
  • The alleged victim consented to sexual intercourse
  • There is insufficient evidence to corroborate the allegations
  • You are the victim of mistaken identity

We Will Fight to Protect Your Rights

If you have been arrested on charges of rape of a child, statutory rape or any other kind of rape or sexual battery, please do not hesitate to contact an Anaheim sex crime lawyer from the firm. The Law Office of Barney B. Gibbs has more than 30 years of experience that we can put to work for you. Not to mention, our lead attorney has handled more than 2,500 criminal cases in the past. He has also secured more than 1,100 case dismissals on behalf of his criminally accused clients.

The consequences of a conviction are even more far reaching than even imprisonment and fines. A conviction can also result in registering on the state of California and the United States sex offender registry, which can seriously impede your future ability to own or rent a home, gain employment, etc. For a free evaluation of your case, and to learn more about how the firm is prepared to defend you against your allegations, call our office today. We are ready to fight for you!