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Los Angeles Forcible Rape Lawyer

California Forcible Rape Laws are in place to protect and defend the innocent. There are many reasons why you should seek sound and experienced counsel from a Los Angeles Forcible Rape Lawyer when you think you’ve either been a victim of forcible rape or you’ve been accused of such an act. Advocate Law Group has a team of Los Angeles Forcible Rape Defense Attorneys who are well-versed in California Forcible Rape Laws and are based in Beverly Hills, California.

Accusations of Rape Charges In Los Angeles, CA

No matter what the exact charge, accusations of rape are serious. A conviction can bring life-changing consequences, often including a prison sentence, loss of employment, damaged reputation and lifelong listing on the sex offender registry.

Our Beverly Hills Forcible Rape Defense Attorneys prepare for your trial with the end goal of winning your case in mind. Unlike general criminal defense lawyers, we understand the motivations that can be behind a sex crime accusation as well as the psychology of the accusers. We thoroughly and painstakingly research the law and the evidence against you in order to build a strong case on your behalf. We work with the best-known private investigators and psychologists in order to dig deep into the evidence and make sure you and your case are well-prepared for trial. We won’t take a plea bargain unless it is in your best interests, which often it is not.

CA Penal Code Section 289 | Penetration with a Foreign Object

(A) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years.

(B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years.

(C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years.

(D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law.

(a) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years.

(b) Except as provided in subdivision (c), any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(c) Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent.

(d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

  • Was unconscious or asleep.
  • Was not aware, knowing, perceiving, or cognizant that the act occurred.
  • Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact.
  • Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.

(e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(f) Any person who commits an act of sexual penetration when the victim submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

(g) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

Los Angeles Forcible Rape Attorney

 

As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official.

(h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year.

(i) Except as provided in Section 288, any person over 21 years of age who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony.

(j) Any person who participates in an act of sexual penetration with another person who is under 14 years of age and who is more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years.

(k) As used in this section:

  • “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.
  • “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ.
  • “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.

(l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury or death.

(m) As used in this section, “victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section.

California Forcible Rape Laws

Los Angeles Forcible Rape Lawyer | California Forcible Rape Laws

Rape charges are very serious and require an aggressive and experienced Los Angeles forcible rape attorney to provide you with representation in the courtroom. Criminal defense attorneys are available to help defend against forcible rape charges. Contact us today if you have been accused of forcible rape to discuss your legal options. We understand that you may have questions about the charges you face, and we will work with you to find the best possible solutions.

You deserve the defense of a Los Angeles Forcible Rape Lawyer that is Experienced & Thorough in California Forcible Rape Laws

Our California Forcible Rape Lawyer is based in Beverly Hills, Los Angeles where our lawyers have acquired over 80 years of combined experience in legal representation. Our skills and knowledge are a top resource for our clients that has been recognized by industry peers and judges. If you have a criminal matter specifically involving Forcible Rape, please take a moment to fill out the form below so that we may get in contact with you.

Our Los Angeles Forcible Rape Defense Attorneys in Beverly Hills, CA can help you with a variety of issues pertaining to California Forcible Rape Laws . To speak with a knowledgeable business law attorney today visit our contact page to initiate the first steps to legal consultation in Beverly Hills, Orange County or L.A. County.
Los Angeles Forcible Rape Lawyer
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