Home Sex Crimes Rape

Rape Defense Lawyers in Los Angeles


Take Action and Work with an Experienced Legal Team

Being accused of rape, date rape, or another sex crime can have lifelong consequences. If convicted, you face several years in prison, lifetime registration as a sex offender, and numerous other penalties that impact your ability to find a job, raise a family, and live your life the way that you want to.

If you or a loved one has been accused of a sex crime, it needs to be taken seriously. Regardless of the circumstances, you are entitled to receive fair and effective representation to present your side of the story and fight for your innocence. In today’s world, it’s important to have the best tools available so you can defend yourself from any false accusation. Talk to Werksman Jackson & Quinn LLP at (213) 688-0460 immediately to get started.

Back to Top

California Rape Laws

Under Penal Code 261 PC, the State of California defines rape as an act of sexual intercourse that is either against the person’s will, or without the person’s consent. This definition allows for a broad range of possible circumstances in which a sexual act can be considered rape. Among the various methods by which sexual intercourse can be forced, the most common include:

  • Violence or the threat of violence
  • Fear of bodily harm to another person
  • Fraud
  • Duress
  • Fear of retaliation
  • Unable to give consent due to intoxication, mental disorder, or physical disability

According to California law, giving "consent" is an individual freely and voluntarily affirming to engage in sexual activity with full knowledge of the nature of the act. This means consent cannot be assumed just because the involved parties are married or in a committed relationship. If the alleged rape occurred between two people married to each other, it is considered to a separate crime called "spousal rape," and carries different penalties and legal proceedings.

Accusing someone of rape requires little to no evidence to back up a claim. As a result, it’s easy to be falsely accused of rape and end up wrongfully prosecuted. If you have been accused of rape, you need a robust criminal defense team that can fight on your behalf. In the past, numerous individuals have been wrongly accused of rape due to incompetent police investigations or lack of DNA evidence. While we see many headlines about someone winning back his freedom after spending years in prison for a crime he didn’t commit, not everyone is so lucky: the best option is to avoid being convicted in the first place.

Back to Top

Penalties of Rape in California

Because rape is a felony, individuals convicted of rape may serve time in California state prison. While a state prison sentence is usually mandatory, there are a few circumstances in which the judge may sentence a defendant to probation and up to one year in county jail. These circumstances include:

  • The rape occurred because the victim had a disability that made it impossible to give consent.
  • The defendant committed the rape by impersonating someone else known to the victim.
  • The defendant committed the rape by threatening to use authority of a public official, such as law enforcement, to coerce the victim, and the judge determines the case to be unusual.

Aside from these circumstances, rape convictions carry a prison sentence of 3, 5, or 8 years, a maximum fine of $10,000, and a "strike" on your record under the California’s Three Strikes Law. If the alleged victim is a minor, the maximum penalties can be significantly higher. If he or she is under the age of 14, those convicted could serve up to 13 years in state prison and be permanently registered as sex offenders.

Back to Top

Get the Help You Need from a Top L.A. Defense Lawyer

At Werksman Jackson & Quinn LLP, we have years of experience defending our clients against unfair and unfounded rape accusations. We’ve fought hard to represent college students facing sexual misconduct allegations under Title IX of the Education Amendments of 1972, showing time and again the fundamental flaws in the way universities handle sexual assault cases. In addition to Title IX cases, the attorneys at Werksman Jackson & Quinn LLP have worked with several high-profile clients and successfully defended them from false rape accusations. Many received either a verdict of "not guilty," or had the charges dropped entirely.

Facing any charge as serious as rape can be frightening and difficult. Not only must you contend with a potentially long prison sentence and other restrictions, there’s also a risk of permanent damage to your professional reputation and livelihood. Without the help of Werksman Jackson & Quinn LLP, there would be many innocent people serving lengthy prison sentences and adapting to life on the sex offender registry. Don’t hesitate to get started on the path towards your freedom. Contact our office today at (213) 688-0460.

Back to Top

Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460
Fax: (213) 624-1942

Recent Case Results

  • Complete Dismissal of Molestation Charges
    Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
  • Decision Set Aside
    Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
  • Probation with No Jail Time for Drug Money Laundering Charge
    Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.
+ More Case Results